Maine Code § 24-A-4237

Coverage for breast cancer treatment
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1. Inpatient care. All individual and group coverage subject to this chapter that provides coverage
for medical and surgical benefits must ensure that inpatient coverage with respect to the treatment of
breast cancer is provided for a period of time determined by the attending physician, after providing
notice to the patient regarding the coverage required by this subsection and in consultation with the
patient, to be medically appropriate following a mastectomy, a lumpectomy or a lymph node dissection
for the treatment of breast cancer.
Nothing in this subsection may be construed to require the provision of inpatient coverage if the
attending physician and patient determine that a shorter period of hospital stay is appropriate.
In implementing the requirements of this subsection, an individual or group coverage contract may not
modify the terms and conditions of coverage based on the determination by any enrollee to request less
than the minimum coverage required under this subsection.
All individual and group coverage subject to this subsection must provide written notice to each
enrollee under the contract regarding the coverage required by this subsection. The notice must be
prominently positioned in any literature or correspondence made available or distributed by the plan
and must be transmitted in the next mailing made by the plan to the enrollee or as part of any yearly
information packet sent to the enrollee, whichever is earlier. The notice must also be made available
to any physician participating in the insurer's provider network.
[PL 2015, c. 227, §4 (AMD); PL 2015, c. 227, §5 (AFF).]
2. Reconstruction. All individual and group coverage subject to this chapter that provides
coverage for mastectomy surgery must provide coverage for reconstruction of the breast on which
surgery has been performed and surgery and reconstruction of the other breast to produce a symmetrical
appearance if the patient elects reconstruction and in the manner chosen by the patient and the
physician.
[PL 1997, c. 408, §7 (NEW); PL 1997, c. 408, §8 (AFF).]
3. Application. The requirements of this section apply to all individual and group policies,
contracts and certificates executed, delivered, issued for delivery, continued or renewed in this State.
For purposes of this section, all contracts are deemed to be renewed no later than the next yearly
anniversary of the contract date.
[PL 2003, c. 517, Pt. B, §24 (NEW).]

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