An Act to Require Health Insurance Carriers to Provide Coverage
Maine Legislature, Session 132, LD 0582
Sponsors: BRENNER, FLYNN
Amends: 24-A MRSA §4320-W

Legislative Document
No. 582
S.P. 265
In Senate, February 25, 2025
An Act to Require Health Insurance Carriers to Provide Coverage 
for Blood Testing for Perfluoroalkyl and Polyfluoroalkyl Substances
Received by the Secretary of the Senate on February 19, 2025.  Referred to the Committee 
on Health Coverage, Insurance and Financial Services pursuant to Joint Rule 308.2 and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRENNER of Cumberland.
Cosponsored by Representative FLYNN of Albion and
Senators: BAILEY of York, BALDACCI of Penobscot, BLACK of Franklin, INGWERSEN of 
York, Representatives: ARFORD of Brunswick, HYMES of Waldo, MATHIESON of Kittery, 
PARRY of Arundel.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  24-A MRSA §4320-W is enacted to read:
§4320-W.  Coverage for blood testing for PFAS
1.  Definition.  As used in this section, unless the context otherwise indicates, 
"perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means any member of the class 
of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
2.  Required coverage.  A carrier offering a health plan in this State shall provide 
coverage for blood testing for perfluoroalkyl and polyfluoroalkyl substances that is 
recommended by a provider as medically necessary health care for an enrollee. For the 
purposes of this subsection, blood testing for PFAS is presumed to be medically necessary 
health care for an enrollee if a provider determines that the enrollee meets clinical 
guidelines for blood testing for PFAS established by the National Academies of Sciences, 
Engineering, and Medicine, its successor organization or a comparable organization. 
3.  Cost sharing prohibited.  A health plan may not impose any deductible, 
copayment, coinsurance or other cost-sharing requirement for the costs of blood testing 
required to be covered under subsection 2. This subsection does not apply to a health plan 
offered for use with a health savings account unless the federal Internal Revenue Service 
determines that the requirements in this subsection are permissible in a high deductible 
health plan as defined in the federal Internal Revenue Code, Section 223(c)(2).
Sec. 2.  Expansion of the State's essential health benefits; legislative finding.  
The Legislature finds that the requirements of this Act to provide coverage for blood testing 
for perfluoroalkyl and polyfluoroalkyl substances for the purposes of appropriate 
management or ongoing monitoring of a disease or condition when supported by medical 
and scientific evidence are not an expansion of the State's essential health benefits and do 
not require defrayal of costs by the State pursuant to 42 United States Code, Section 
18031(d)(3)(B) because the State's essential health benefits currently include coverage for 
outpatient laboratory services.
Sec. 3.  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, 2026.  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 carriers offering health plans in this State to provide coverage for 
blood testing for perfluoroalkyl and polyfluoroalkyl substances, or PFAS, recommended 
by a provider as medically necessary health care in accordance with clinical guidelines 
established by the National Academies of Sciences, Engineering, and Medicine. The 
requirements of the bill apply to health plans issued or renewed on or after January 1, 2026.  
The bill also includes language stating the Legislature's finding that the requirement for 
coverage for blood testing for perfluoroalkyl and polyfluoroalkyl substances are not an 
expansion of the State's essential health benefits and do not require the State to defray costs 
pursuant to the federal Patient Protection and Affordable Care Act.