Maine Code § 24-A-4320-A

Coverage of preventive and primary health services
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Notwithstanding any other requirements of this Title, a carrier offering a health plan in this State
shall, at a minimum, provide coverage for and may not impose cost-sharing requirements for preventive
and primary health services as required by this section. [PL 2019, c. 653, Pt. C, §1 (AMD).]
1. Preventive services. A health plan must, at a minimum, provide coverage for:
A. The evidence-based items or services that have a rating of A or B in the recommendations of
the United States Preventive Services Task Force or equivalent rating from a successor
organization; [PL 2017, c. 343, §1 (NEW); PL 2017, c. 343, §2 (AFF).]
B. With respect to the individual insured, immunizations that have a recommendation from the
federal Department of Health and Human Services, Centers for Disease Control and Prevention,
Advisory Committee on Immunization Practices and that are consistent with the recommendations
of the American Academy of Pediatrics, the American Academy of Family Physicians or the
American College of Obstetricians and Gynecologists or a successor organization; [PL 2017, c.
343, §1 (NEW); PL 2017, c. 343, §2 (AFF).]
C. With respect to infants, children and adolescents, evidence-informed preventive care and
screenings provided for in the most recent version of the comprehensive guidelines supported by
the federal Department of Health and Human Services, Health Resources and Services
Administration that are consistent with the recommendations of the American Academy of
Pediatrics or a successor organization; and [PL 2017, c. 343, §1 (NEW); PL 2017, c. 343, §2
(AFF).]
D. With respect to women, such additional preventive care and screenings not described in
paragraph A, provided for in the comprehensive guidelines supported by the federal Department of

Health and Human Services, Health Resources and Services Administration women's preventive
services guidelines that are consistent with the recommendations of the American College of
Obstetricians and Gynecologists women's preventive services initiative. [PL 2017, c. 343, §1
(NEW); PL 2017, c. 343, §2 (AFF).]
[PL 2017, c. 343, §1 (NEW); PL 2017, c. 343, §2 (AFF).]
2. Change in recommendations. If a recommendation described in subsection 1 is changed
during a health plan year, a carrier is not required to make changes to that health plan during the plan
year.
[PL 2017, c. 343, §1 (NEW); PL 2017, c. 343, §2 (AFF).]
3. Primary health services. An individual or small group health plan with an effective date from
January 1, 2021 to December 31, 2022 must provide coverage without cost sharing for the first primary
care office visit and first behavioral health office visit in each plan year and may not apply a deductible
or coinsurance to the 2nd or 3rd primary care and 2nd or 3rd behavioral health office visits in a plan
year. Any copayments for the 2nd or 3rd primary care and 2nd or 3rd behavioral health office visits in
a plan year count toward the deductible. This subsection does not apply to a plan offered for use with
a health savings account unless the federal Internal Revenue Service determines that the benefits
required by this section are permissible benefits in a high deductible health plan as defined in the federal
Internal Revenue Code, Section 223(c)(2). The superintendent shall conduct a study analyzing the
effects of this subsection on premiums based on experience in plan years 2020 and 2021. The
superintendent may adopt rules as necessary to address the coordination of the requirements of this
subsection for coverage without cost sharing for the first primary care visit and the requirements of this
section with respect to coverage of an annual well visit. Rules adopted pursuant to this subsection are
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[PL 2021, c. 638, §1 (AMD).]
3-A. Parity in cost sharing for primary care and behavioral health office visits; individual or
small group health plan. An individual or small group health plan with an effective date on or after
January 1, 2023 must provide coverage without cost sharing for the first primary care office visit and
first behavioral health office visit in each plan year and may not apply a deductible or coinsurance to
the 2nd or 3rd primary care and 2nd or 3rd behavioral health office visits in a plan year. Any
copayments for primary care office visits and behavioral health office visits in a plan year count toward
the deductible. After the first behavioral health office visit, a health plan may not apply a copayment
amount to a behavioral health office visit that is greater than the copayment for a primary care office
visit. For the purposes of this subsection, “behavioral health office visit” means an office visit to address
mental health and substance use conditions. This subsection does not apply to a plan offered for use
with a health savings account unless the federal Internal Revenue Service determines that the benefits
required by this section are permissible benefits in a high deductible health plan as defined in the federal
Internal Revenue Code, Section 223(c)(2). The superintendent may adopt rules as necessary to address
the coordination of the requirements of this subsection for coverage without cost sharing for the first
primary care visit and the requirements of this section with respect to coverage of an annual well visit.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A.
[PL 2021, c. 638, §2 (NEW).]
3-B. Parity in cost sharing for primary care and behavioral health office visits; group health
plan. A group health plan, other than a small group health plan subject to subsection 3-A, with an
effective date on or after January 1, 2023 must provide coverage without cost sharing for the first
primary care office visit and first behavioral health office visit in each plan year. After the first
behavioral health office visit, a health plan may not apply a copayment amount to a behavioral health
office visit that is greater than the copayment for a primary care office visit. For the purposes of this
subsection, "behavioral health office visit" means an office visit to address mental health and substance

use conditions. This subsection does not apply to a plan offered for use with a health savings account
unless the federal Internal Revenue Service determines that the benefits required by this section are
permissible benefits in a high deductible health plan as defined in the federal Internal Revenue Code,
Section 223(c)(2) or to a health plan that has no deductible, no coinsurance and out-of-pocket limits
that meet the applicable federal requirements. The superintendent may adopt rules as necessary to
address the coordination of the requirements of this subsection for coverage without cost sharing for
the first primary care visit and the requirements of this section with respect to coverage of an annual
well visit. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5,
chapter 375, subchapter 2-A.
[PL 2025, c. 213, §1 (AMD).]

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