An Act To Protect Medicare Beneficiaries from Surprise Medical Billing
Maine Legislature, Session 130, LD 1341
Committee: Health Coverage, Insurance and Financial Services
Sponsors: BELL
Amends: 32 MRSA §2600-G, 32 MRSA §3300-J

Legislative Document
No. 1341
H.P. 992
House of Representatives, March 30, 2021
An Act To Protect Medicare Beneficiaries from Surprise Medical 
Billing
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BELL of Yarmouth.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §2600-G is enacted to read:
§2600-G.  Balance billing of Medicare beneficiaries prohibited
1. Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. "Balance bill" means to charge to or collect from a Medicare beneficiary any amount 
in excess of the reasonable charge for a service, procedure or treatment paid to a 
physician under the Medicare program.
B. "Medicare" means the federal Health Insurance for the Aged Act, Title XVIII of the 
Social Security Amendments of 1965, as amended. 
C. "Medicare beneficiary" means a person who is a beneficiary of health insurance 
under Medicare.
2.  Balance billing prohibited.  A physician licensed under this chapter may not 
balance bill a Medicare beneficiary for any service, procedure or treatment provided to the 
Medicare beneficiary in the physician's office.
3.  Notice; posting.  A physician who treats Medicare beneficiaries shall post a 
summary of the provisions of this section in a conspicuous place in the physician's office.  
The summary must include the statement that any person aggrieved by a physician's failure 
to comply with the provisions of this section may file a complaint with the board and must 
include toll-free telephone numbers to be used for this purpose.
4.  Complaints; violations.  An individual may file a complaint with the board seeking 
disciplinary action concerning a violation of this section.  The board shall investigate or 
cause to be investigated and shall resolve a complaint on its own motion or upon receipt of 
a written complaint.  The board shall conduct its actions in accordance with the Maine 
Administrative Procedure Act.
Sec. 2.  32 MRSA §3300-J is enacted to read:
§3300-J.  Balance billing of Medicare beneficiaries prohibited
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Balance bill" means to charge to or collect from a Medicare beneficiary any 
amount in excess of the reasonable charge for a service, procedure or treatment paid to 
a physician under the Medicare program.
B.  "Medicare" means the federal Health Insurance for the Aged Act, Title XVIII of 
the Social Security Amendments of 1965, as amended.
C.  "Medicare beneficiary" means a person who is a beneficiary of health insurance 
under Medicare.
2.  Balance billing prohibited.  A physician licensed under this chapter may not 
balance bill a Medicare beneficiary for any service, procedure or treatment provided to the 
Medicare beneficiary in the physician's office. 
3.  Notice; posting.  A physician who treats Medicare beneficiaries shall post a 
summary of the provisions of this section in a conspicuous place in the physician's office.  
The summary must include the statement that any person aggrieved by a physician's failure 
to comply with the provisions of this section may file a complaint with the board and must 
include toll-free telephone numbers to be used for this purpose.
4.  Complaints; violations.  An individual may file a complaint with the board seeking 
disciplinary action concerning a violation of this section.  The board shall investigate or 
cause to be investigated and shall resolve a complaint on its own motion or upon receipt of 
a written complaint.  The board shall conduct its actions in accordance with the Maine 
Administrative Procedure Act.
SUMMARY
This bill prohibits physicians from balance billing Medicare beneficiaries for any 
amount in excess of the reasonable charge for a service, procedure or treatment paid to that 
physician under the Medicare program.