An Act Requiring Insurance Companies to Cover the Care of Expectant Mothers in Adoption Cases and Provide Notice of That Coverage to Pregnant Women
Maine Legislature, Session 131, LD 1404
Committee: Health Coverage, Insurance and Financial Services
Sponsors: MORRIS, ARATA, HENDERSON, PERRY, QUINT, WHITE
Amends: 18-C MRSA §9, 24-A MRSA §2742, 24-A MRSA §2833, 24-A MRSA §4234

Legislative Document
No. 1404
H.P. 900
House of Representatives, March 30, 2023
An Act Requiring Insurance Companies to Cover the Care of 
Expectant Mothers in Adoption Cases and Provide Notice of That 
Coverage to Pregnant Women
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MORRIS of Turner.
Cosponsored by Representatives: ARATA of New Gloucester, HENDERSON of Rumford, 
PERRY of Bangor, QUINT of Hodgdon, WHITE of Waterville.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  18-C MRSA §9-306, sub-§1, ¶C, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
C.  Prenatal, birthing and other related medical expenses for the person giving birth to 
the child, including expenses related to health insurance coverage in accordance with 
Title 24-A, section 2742, subsection 4-A, section 2833, subsection 4-A or section 4234, 
subsection 4-A;
Sec. 2.  24-A MRSA §2742, sub-§4-A is enacted to read:
4-A.  Coverage for person giving birth to a child placed for adoption.  All 
individual policies issued in accordance with the requirements of this section must provide 
a policyholder with the coverage or option of coverage for a person giving birth to the 
policyholder's child prior to the child being placed for adoption for the duration of the 
pregnancy through the 12 months following a birth. Coverage must be provided for 
maternity and postpartum care as required by this Title under the same terms and conditions 
as are extended to a policyholder for a policyholder's own maternity and postpartum care. 
An insurer shall permit a policyholder to enroll the person giving birth to the policyholder's 
child placed for adoption upon the submission of documentation of the person's pregnancy 
and of the legal obligation of the certificate holder for the child being placed for adoption.  
For purposes of this subsection, "child being placed for adoption" includes only a child 
placed for adoption by a person experiencing an unplanned or unexpected pregnancy.
Sec. 3.  24-A MRSA §2833, sub-§4-A is enacted to read:
4-A.  Coverage for person giving birth to a child placed for adoption.  All group or 
blanket health insurance plans issued in accordance with the requirements of this section 
must provide a certificate holder with the coverage or option of coverage for a person 
giving birth to the certificate holder's child prior to the child being placed for adoption for 
the duration of the pregnancy through the 12 months following a birth. Coverage must be 
provided for maternity and postpartum care as required by this Title under the same terms 
and conditions as are extended to a certificate holder for a certificate holder's own maternity 
and postpartum care. An insurer shall permit a certificate holder to enroll the person giving 
birth to the certificate holder's child placed for adoption upon the submission of 
documentation of the person's pregnancy and of the legal obligation of the certificate holder 
for the child being placed for adoption. For purposes of this subsection, "child being placed 
for adoption" includes only a child placed for adoption by a person experiencing an 
unplanned or unexpected pregnancy.
Sec. 4.  24-A MRSA §4234, sub-§4-A is enacted to read:
4-A.  Coverage for person giving birth to a child placed for adoption.  All 
individual or group contracts issued in accordance with the requirements of this section 
must provide an enrollee with the coverage or option of coverage for a person giving birth 
to the enrollee's child prior to the child being placed for adoption for the duration of the 
pregnancy through the 12 months following a birth. Coverage must be provided for 
maternity and postpartum care as required by this Title under the same terms and conditions 
as are extended to an enrollee for an enrollee's own maternity and postpartum care. A health 
maintenance organization shall permit an enrollee to enroll the person giving birth to the 
enrollee's child placed for adoption upon the submission of documentation of the person's 
pregnancy and of the legal obligation of the enrollee for the child being placed for adoption. 
For purposes of this subsection, "child being placed for adoption" includes only a child 
placed for adoption by a person experiencing an unplanned or unexpected pregnancy.
SUMMARY
This bill requires health insurance carriers to provide coverage under an individual or 
group health insurance policy of an adoptive parent for the person giving birth to the child, 
including maternity and postpartum coverage, for the duration of the pregnancy and 
through the 12 months following a birth. The bill clarifies that an adoptive parent may pay 
for the health insurance coverage for the person giving birth to the child as part of an 
adoption proceeding.