Maine Code § 24-A-4251

Coverage for general anesthesia for dentistry
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(REALLOCATED FROM TITLE 24-A, SECTION 4249)
1. Enrollee defined. For the purposes of this section, unless the context otherwise indicates,
"enrollee" means a person who is covered under an individual or group contract provided by a health
maintenance organization.
[RR 2001, c. 1, §37 (RAL).]
2. General anesthesia and associated facility charges. All individual and group health
maintenance organization contracts must provide coverage for general anesthesia and associated
facility charges for dental procedures rendered in a hospital when the clinical status or underlying
medical condition of an enrollee requires dental procedures that ordinarily would not require general
anesthesia to be rendered in a hospital. The insurer may require prior authorization of general
anesthesia and associated charges required for dental care procedures in the same manner that prior
authorization is required for other covered diseases or conditions.
[RR 2001, c. 1, §37 (RAL).]
3. Limitations on coverage. This section applies only to general anesthesia and associated facility
charges for only the following enrollees if the enrollees meet the criteria in subsection 2:
A. Enrollees, including infants, exhibiting physical, intellectual or medically compromising
conditions for which dental treatment under local anesthesia, with or without additional adjunctive
techniques and modalities, can not be expected to provide a successful result and for which dental
treatment under general anesthesia can be expected to produce a superior result; [RR 2001, c. 1,
§37 (RAL).]

B. Enrollees demonstrating dental treatment needs for which local anesthesia is ineffective because
of acute infection, anatomic variation or allergy; [RR 2001, c. 1, §37 (RAL).]
C. Extremely uncooperative, fearful, anxious or uncommunicative children or adolescents with
dental needs of such magnitude that treatment should not be postponed or deferred and for whom
lack of treatment can be expected to result in dental or oral pain or infection, loss of teeth or other
increased oral or dental morbidity; and [RR 2001, c. 1, §37 (RAL).]
D. Enrollees who have sustained extensive oral-facial or dental trauma for which treatment under
local anesthesia would be ineffective or compromised. [RR 2001, c. 1, §37 (RAL).]
[RR 2001, c. 1, §37 (RAL).]
4. Dental procedures and dentist's fee not covered. This section does not require a health
maintenance organization to cover any charges for the dental procedure itself, including, but not limited
to, the professional fee of the dentist. Coverage for anesthesia and associated facility charges pursuant
to this section is subject to all other terms and conditions of the individual or group contract that apply
generally to other benefits.
[RR 2001, c. 1, §37 (RAL).]
5. Coordination of benefits with dental insurance. If an enrollee eligible for coverage under
this section is also eligible for coverage for general anesthesia and associated facility charges under a
dental insurance policy or contract, the nonprofit health care service organization or insurer providing
dental insurance is the primary payer responsible for those charges and the health maintenance
organization providing health coverage is the secondary payer.
[RR 2001, c. 1, §37 (RAL).]
6. 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, §30 (NEW).]

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