An Act to Improve Breast Health Care by Providing Coverage for Genetic Counseling and Testing
Maine Legislature, Session 131, LD 1665
Committee: Health Coverage, Insurance and Financial Services
Sponsors: ROTUNDO, CRAVEN, INGWERSEN, STOVER, WHITE
Amends: 24 MRSA §2317-B, 24-A MRSA §2745-H, 24-A MRSA §2837-I, 24-A MRSA §4237-B

Legislative Document
No. 1665
S.P. 670
In Senate, April 13, 2023
An Act to Improve Breast Health Care by Providing Coverage for 
Genetic Counseling and Testing
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator ROTUNDO of Androscoggin.
Cosponsored by Representative CRAVEN of Lewiston and
Senator: INGWERSEN of York, Representatives: STOVER of Boothbay, WHITE of 
Waterville.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  24 MRSA §2317-B, sub-§22, as amended by PL 2019, c. 605, §3, is further 
amended to read:
22.  Title 24-A, section 4320-M.  Coverage for abortion services, Title 24‑A, section 
4320‑M; and
Sec. 2.  24 MRSA §2317-B, sub-§23, as enacted by PL 2019, c. 605, §4, is amended 
to read:
23.  Title 24-A, sections 2766-A and 2847-W.  The prohibition on a dental benefit 
waiting period for persons under 19 years of age, Title 24‑A, sections 2766‑A and 2847‑W.; 
and
Sec. 3.  24 MRSA §2317-B, sub-§24 is enacted to read:
24.  Title 24-A, sections 2745-H and 2837-I.  Coverage for BRCA-related genetic 
counseling and BRCA-related genetic testing, Title 24‑A, sections 2745-H and 2837-I.
Sec. 4.  24-A MRSA §2745-H is enacted to read:
§2745-H.  Coverage for BRCA-related genetic counseling and testing
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. "BRCA-related genetic counseling" means the provision of services to individuals, 
couples, families and organizations by one or more appropriately trained individuals to 
address the physical and psychological issues associated with the occurrence or risk of 
occurrence of BRCA-related cancers in an individual or family.  
B. "BRCA-related genetic testing" means all genetic laboratory testing of the BRCA1 
and BRCA2 genes for individuals assessed to be at an increased risk for developing 
BRCA-related cancers, recommended by a health care provider in accordance with the 
most recently published BRCA-related cancer screening guidelines of a national cancer 
society. 
2. Required coverage. All individual health policies must provide coverage for 
BRCA-related genetic counseling and BRCA-related genetic testing for individuals who 
are at increased risk for developing BRCA-related cancers according to the most recently 
published BRCA-related genetic counseling and BRCA-related genetic testing guidelines 
of a national cancer society. 
3. Prohibition of cost-sharing. An insurer may not impose a deductible, copayment, 
coinsurance or other cost-sharing requirement for the costs of BRCA-related genetic testing 
or BRCA-related genetic counseling.
Sec. 5.  24-A MRSA §2837-I is enacted to read:
§2837-I.  Coverage for BRCA-related genetic counseling and testing
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. "BRCA-related genetic counseling" means the provision of services to individuals, 
couples, families and organizations by one or more appropriately trained individuals to 
address the physical and psychological issues associated with the occurrence or risk of 
occurrence of BRCA-related cancers in an individual or family.  
B. "BRCA-related genetic testing" means all genetic laboratory testing of the BRCA1 
and BRCA2 genes for individuals assessed to be at an increased risk for developing 
BRCA-related cancers, recommended by a health care provider in accordance with the 
most recently published BRCA-related cancer screening guidelines of a national cancer 
society. 
2. Required coverage.  All group health policies must provide coverage for BRCA-
related genetic counseling and BRCA-related genetic testing for individuals who are at 
increased risk for developing BRCA-related cancers according to the most recently 
published BRCA-related genetic counseling and BRCA-related genetic testing guidelines 
of a national cancer society. 
3. Prohibition of cost-sharing.  An insurer may not impose a deductible, copayment, 
coinsurance or other cost-sharing requirement for the costs of BRCA-related genetic testing 
or BRCA-related genetic counseling.
Sec. 6.  24-A MRSA §4237-B is enacted to read:
§4237-B.  Coverage for BRCA-related genetic counseling and testing
1. Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. "BRCA-related genetic counseling" means the provision of services to individuals, 
couples, families and organizations by one or more appropriately trained individuals to 
address the physical and psychological issues associated with the occurrence or risk of 
occurrence of BRCA-related cancers in an individual or family.  
B. "BRCA-related genetic testing" means all genetic laboratory testing of the BRCA1 
and BRCA2 genes for individuals assessed to be at an increased risk for developing 
BRCA-related cancers, recommended by a health care provider in accordance with the 
most recently published BRCA-related cancer screening guidelines of a national cancer 
society. 
2. Required coverage.  All individual and group health maintenance organization 
policies and contracts must provide coverage for BRCA-related genetic counseling and 
BRCA-related genetic testing for individuals who are at increased risk for developing 
BRCA-related cancers according to the most recently published BRCA-related genetic 
counseling and BRCA-related genetic testing guidelines of a national cancer society. 
3. Prohibition of cost-sharing.  A health maintenance organization may not impose a 
deductible, copayment, coinsurance or other cost-sharing requirement for the costs of 
BRCA-related genetic testing or BRCA-related genetic counseling.
Sec. 7.  Application.  This Act applies to all policies, contracts and certificates 
executed, delivered, issued for delivery, continued or renewed in this State on or after 
January 1, 2024.  For purposes of this Act, all contracts are deemed to be renewed no later 
than the next yearly anniversary of the contract date.
SUMMARY
This bill requires that individual and group health insurance policies provide coverage 
for BRCA-related genetic counseling and BRCA-related genetic testing for individuals 
who are at increased risk for developing BRCA-related cancers. The requirements apply to 
insurance policies beginning on January 1, 2024.