An Act To Improve Children's Mental Health by Requiring Insurance Coverage for Certain Mental Health Treatment
Maine Legislature, Session 130, LD 1910
Committee Amendment CA_A_H924 (House)
Amends: 24-A MRSA §2749-C, 24-A MRSA §2843, 24-A MRSA §4234-A

COMMITTEE AMENDMENT "A "to H.P. 1416, L.D. 1910, "An Act To Improve 
Children's Mental Health by Requiring Insurance Coverage for Certain Mental Health 
Treatment" 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 24-A MRSA §2749-C, as amended by PL 2019, c. 5, Pt. D, §1, is further 
amended by amending the section headnote to read: 
§2749-C. Maadated effer ef ee¥eFage for eertaia meatal illaesses Mental health 
services coverage 
Sec. 2. 24-A MRSA §2749-C, sub-§1, ,r.B, as amended by PL 2019, c. 5, Pt. D, 
§1, is further amended by amending subparagraph (2) to read: 
(2) At the request of a reimbursing insurer, a provider of medical treatment for 
mental illness shall furnish data substantiating that initial or continued treatment is 
medically necessary health care. When making the determination of whether 
treatment is medically necessary health care, the provider shall use the same 
criteria for medical treatment for mental illness as for medical treatment for 
physical illness under the individual policy. An insurer may not deny treatment 
for mental health services that use evidence-based practices and are determined to 
be medically necessary health care for an individual 21 years of age or younger. 
For the purposes of this subparagraph. "evidence-based practices" means clinically 
sound and scientifically based policies. practices and programs that reflect expert 
consensus on the prevention, treatment and recovery science, including, but not 
limited to, policies. practices and programs published and disseminated by the 
Substance Abuse and Mental Health Services Administration and the Title IV-E 
Prevention Services Clearinghouse within the United States Department of Health 
and Human Services, the What Works Clearinghouse within the United States 
Department of Education, Institute of Education Sciences and the California 
Page l - 130LR2244(02) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,,Jr, to H.P. 1416, L.D. 1910 
Evidence-Based Clearinghouse for Child Welfare within the California 
Department of Social Services, Office of Child Abuse Prevention. 
Sec. 3. 24-A MRSA §2843, sub-§3, ~A-3 is enacted to read: 
A-3. 
"Evidence-based practices" means clinically sound and scientifically based 
policies. practices and programs that reflect expert consensus on the prevention. 
treatment and recovery science. including. but not limited to. policies. practices and 
programs published and disseminated by the Substance Abuse and Mental Health 
Services Administration and the Title IV-E Prevention Services Clearinghouse within 
the United States Department of Health and Human Services. the What Works 
Clearinghouse within the United States Department of Education, Institute of 
Education Sciences and the California Evidence-Based Clearinghouse for Child 
Welfare within the California Department of Social Services. Office of Child Abuse 
Prevention. 
Sec. 4. 24-A MRSA §2843, sub-§5-C, ,ill, as amended by PL 2003, c. 20, Pt. VV, 
§14 and affected by §25, is further amended by amending subparagraph (2) to read: 
(2) At the request of a reimbursing insurer, a provider of medical treatment for 
mental illness shall furnish data substantiating that initial or continued treatment is 
medically necessary health care. When making the determination of whether 
treatment is medically necessary health care, the provider shall use the same 
criteria for medical treatment for mental illness as for medical treatment for 
physical illness under the group contract. An insurer may not deny treatment for 
mental health services that use evidence-based practices and are determined to be 
medically necessary health care for an individual 21 years of age or younger. 
Sec. 5. 24-A MRSA §2843, sub-§5-C, as amended by PL 2017, c. 407, Pt. A, §96, 
is further amended by repealing the last blocked paragraph. 
Sec. 6. 24-AMRSA §2843, sub-§5-D, as amended by PL 2003, c. 20, Pt. VV, §15 
and affected by §25, is repealed. 
Sec. 7. 24-A MRSA §4234-A, sub-§3, 1A-3 is enacted to read: 
A-3. 
"Evidence-based practices" means clinically sound and scientifically based 
policies, practices and programs that reflect expert consensus on the prevention. 
treatment and recovery science. including. but not limited to. policies, practices and 
programs published and disseminated by the Substance Abuse and Mental Health 
Services Administration and the Title IV-E Prevention Services Clearinghouse within 
the United States Department of Health and Human Services, the What Works 
Clearinghouse within the United States Department of Education. Institute of 
Education Sciences and the California Evidence-Based Clearinghouse for Child 
Welfare within the California Department of Social Services. Office of Child Abuse 
Prevention, 
Sec. 8. 24-A MRSA §4234-A, sub-§6, ,ill, as amended by PL 2003, c. 20, Pt. VV, 
§20 and affected by §25, is further amended by amending subparagraph (2) to read: 
(2) At the request of a reimbursing health maintenance organization, a provider of 
medical treatment for mental illness shall furnish data substantiating that initial or 
continued treatment is medically necessary health care. 
When making the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT '/t" to H.P. 1416, L.D. 1910 
determination of whether treatment is medically necessary health care, the provider 
shall use the same criteria for medical treatment for mental illness as for medical 
treatment for physical illness under the group contract. An insurer may not deny 
treatment for mental health services that use evidence-based practices and are 
determined to be medically necessary health care for an individual 21 years of age 
or younger.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
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SUMMARY 
This amendment replaces the bill. 
The amendment clarifies that health insurance carriers may not deny treatment for 
mental health treatment services that use evidence-based practices and are determined to 
be medically necessary health care for an individual 21 years of age or younger. The 
amendment defines "evidence-based practices" as clinically sound and scientifically based 
policies, practices and programs that reflect expert consensus on the prevention, treatment 
and recovery science, including, but not limited to, policies, practices and programs 
published and disseminated by the Substance Abuse and Mental Health Services 
Administration and the Title IV-E Prevention Services Clearinghouse within the United 
States Department of Health and Human Services, the What Works Clearinghouse within 
the United States Department of Education, Institute of Education Sciences and the 
California Evidence-Based Clearinghouse for Child Welfare within the California 
Department of Social Services, Office of Child Abuse Prevention. 
The amendment also makes technical changes to state law requirements .related to 
mental health parity to be consistent with federal law and regulations. Changes to the 
mental health parity provisions were initially codified in state law in Public Law 2019, 
chapter 5, Part D. The amendment makes further technical changes that were not included 
at that time. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/31/22 ~ae'!. 
LD 1910 
LR 2244(02) 
An Act To Improve Children's Mental Health by Requiring Insurance Coverage for Certain Mental 
Health Treatment 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ''fai' ( H,,. o/1-~) 
Committee: Health Coverage, Insurance and Financial Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Any additional costs to the Department of Professional and Financial Regulation are expected to be minor and can be 
absorbed within existing budgeted resources. 
LR2244(02) - Fiscal Note - Page 1 of 1