An Act to Require
Maine Legislature, Session 132, LD 0784
Committee Amendment CA_A_S95 (Senate)
Amends: 24-A MRSA §4301-A, 24-A MRSA §4313

COMMITTEE AMENDMENT "A " 
to S.P. 343, L.D. 784, "An Act to Require 
Health Insurance Coverage for Specialized Risk Screening for First Responders" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Create a Rebuttable Presumption Related to Specialized Risk Screening 
for First Responders' 
Amend the bill by striking out eve1ything after the enacting clause and inserting the 
S 
following: 
'Sec. 1. 24-A MRSA §4301-A, sub-§5-B is enacted to read: . 
S-B. Fil'st responder. "First responder" means an employee or occasional employee 
of a state. county or municipal government entity or volunteer of a state. county or 
municipal government entity that provides or has the authority to provide fire. emergency 
medical. emergency communications. correctional or police se1vices. 
Sec. 2. 24-A MRSA §4301-A, sub-§19-A is enacted to read: 
19-A. Specialized l'isk screening. "Specialized risk screening" means any of the 
following standard. medically accepted tests: 
A. Tests for evidence of any cancer with a known employment-related risk of exposure 
for a first responder: 
B. Blood tests. including tests conducted for a complete blood count. comprehensive 
metabolic panel. renal panel and hepatic panel; 
C. Mammography. colonoscopy or prostate examinations regardless of the age of the 
person who is the subject of the examination; 
D. Tests of any measure of serum activity of lipoprotein-associated phospholipase 
enzyme A2. oxidized low-density lipoprotein or additional indicators of endovascular 
inflammation: or 
E. Tests to measUl'e vitamin deficiencies. nutritional deficits and mineral levels. 
COMMITTEE AMENDMENT 
ROS 
• COMMITTEEAMENDMENT''A "to S.P. 343, L.D. 784 (5.-q(') 
Sec, 3. 24-A MRSA §4313, sub-§15 is enacted to read: 
15. Rebuttable presumption. In a cause of action under this section or under Title 
18-C. section 2-807 as pennitted under subsection 14, there is a rebuttable presumption 
that a carl'ie1· has failed to exercise ordinat:y care when making an adverse health care 
treatment decision to deny coverage under a health plan for covered specialized risk 
screening for an enrollee who is a first responder and whose provider has determined the 
enrollee's receipt of specialized risk sc1·eening is medically appropriate and has meaningful 
potential for preventive clinical benefit to the enrollee. 
Sec. 4. Application. This Act applie~ to an adverse health care treatment decision 
made by a can·iet\ as defined in the Maine Revised Statutes; Title 24-A, section 4301-A, 
subsection 3, on 01· after the effective date of this Act.' 
Amend the bill by relettering or renumbering any nonconsecutive Pait letter or section 
number to read consecutively. 
SUMMARY 
This amendm.ent, which is the majority report, changes the title and replaces the bill. 
The amendment establishes a rebuttable presumption in a cause of action that a health 
insut'ance carrier has failed to exercise ordinary care when making a health care treatment 
decision to deny coverage under a health plan for covered specialized risk screening for an 
enrollee who is a first responder and whose provide1· has determined the enrollee's receipt 
of specialized risk screening is medically appropriate and has meaningful potential for 
preventive clinical benefit to the enrollee. The amendment also clarifies that the rebuttable 
presumption applies if an enrollee files a wrongful death action instead of an action under 
the'Maine Revised Statutes, Title 24-A, section 4313. The requirements of the amendment 
apply to health care treatment decisions made by a health insurance carrier on 01· afte1· the 
effective date of this legislation. 
FISCAL NOTE .REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/29/25 1-RL-
LD784 
LR 577(02) 
An Act to Require Health Insurance Coverage for Specialized Risk Screening for First Responders 
Fiscal Note for Bill as Amended by Committee Amendment ''/Jr"( 6-q!;'j 
Committee: Health Coverage, Insurance and Financial Services 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - General Fund 
Fiscal Detail and Notes 
This bill may encourage health insurance carriers to cover specialized risk screenings for first responders in order to 
avoid potential legal exposure by establishing a rebuttal presumption when health insurance carriers fail to exercise 
ordinary care when making health care treatment decisions for first responders seeking preventive care. This will 
potentially increase costs to the State Employee Health Plan. A more precise estimate of the fiscal impact is not 
possible at this time, 
LR0577(02) - Fiscal Note - Page 1 of 1