APPROVED CHAPTER
APRIL 14, 2022 609
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
_____
S.P. 691 - L.D. 1954
An Act To Ensure Access to Prescription Contraceptives
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 24 MRSA §2332-J, sub-§4 is enacted to read:
4. Coverage of contraceptive supplies. Coverage required under this section must
include coverage for contraceptive supplies in accordance with the following requirements.
For purposes of this section, "contraceptive supplies" means all contraceptive drugs,
devices and products approved by the federal Food and Drug Administration to prevent an
unwanted pregnancy.
A. Coverage must be provided without any deductible, coinsurance, copayment or
other cost-sharing requirement.
B. If the federal Food and Drug Administration has approved one or more therapeutic
equivalents of a contraceptive supply, an insurer is not required to cover all those
therapeutically equivalent versions in accordance with this subsection, as long as at
least one is covered without any deductible, coinsurance, copayment or other cost-
sharing requirement in accordance with this subsection.
C. Coverage must be provided for the furnishing or dispensing of prescribed
contraceptive supplies intended to last for a 12-month period, which may be furnished
or dispensed all at once or over the course of the 12 months at the discretion of the
health care provider.
Sec. 2. 24-A MRSA §2756, sub-§3, as enacted by PL 2017, c. 190, §1, is amended
to read:
3. Coverage of contraceptive supplies. Coverage required under this section must
include coverage for contraceptive supplies in accordance with the following requirements.
For purposes of this section, "contraceptive supplies" means all contraceptive drugs,
devices and products approved by the federal Food and Drug Administration to prevent an
unwanted pregnancy.
A. Coverage must be provided without any deductible, coinsurance, copayment or
other cost-sharing requirement for at least one contraceptive supply within each
Page 1 - 130LR2298(04)
 method of contraception that is identified by the federal Food and Drug Administration
to prevent an unwanted pregnancy and prescribed by a health care provider.
B. If there is a therapeutic equivalent of a contraceptive supply within a contraceptive
method approved by the federal Food and Drug Administration, an insurer may provide
coverage for more than has approved one or more therapeutic equivalents of a
contraceptive supply and may impose, an insurer is not required to cover all those
therapeutically equivalent versions in accordance with this subsection, as long as at
least one is covered without any deductible, coinsurance, copayment or other cost-
sharing requirements as long as at least one contraceptive supply within that method is
available without cost sharing requirement in accordance with this subsection.
C. If an individual's health care provider recommends a particular contraceptive supply
approved by the federal Food and Drug Administration for the individual based on a
determination of medical necessity, the insurer shall defer to the provider's
determination and judgment and shall provide coverage without cost sharing for the
prescribed contraceptive supply.
D. Coverage must be provided for the furnishing or dispensing of prescribed
contraceptive supplies intended to last for a 12-month period, which may be furnished
or dispensed all at once or over the course of the 12 months at the discretion of the
health care provider.
Sec. 3. 24-A MRSA §2847-G, sub-§4, as enacted by PL 2017, c. 190, §2, is
amended to read:
4. Coverage of contraceptive supplies. Coverage required under this section must
include coverage for contraceptive supplies in accordance with the following requirements.
For purposes of this section, "contraceptive supplies" means all contraceptive drugs,
devices and products approved by the federal Food and Drug Administration to prevent an
unwanted pregnancy.
A. Coverage must be provided without any deductible, coinsurance, copayment or
other cost-sharing requirement for at least one contraceptive supply within each
method of contraception that is identified by the federal Food and Drug Administration
to prevent an unwanted pregnancy and prescribed by a health care provider.
B. If there is a therapeutic equivalent of a contraceptive supply within a contraceptive
method approved by the federal Food and Drug Administration, an insurer may provide
coverage for more than has approved one or more therapeutic equivalents of a
contraceptive supply and may impose, an insurer is not required to cover all those
therapeutically equivalent versions in accordance with this subsection, as long as at
least one is covered without any deductible, coinsurance, copayment or other cost-
sharing requirements as long as at least one contraceptive supply within that method is
available without cost sharing requirement in accordance with this subsection.
C. If an individual's health care provider recommends a particular contraceptive supply
approved by the federal Food and Drug Administration for the individual based on a
determination of medical necessity, the insurer shall defer to the provider's
determination and judgment and shall provide coverage without cost sharing for the
prescribed contraceptive supply.
Page 2 - 130LR2298(04)
 D. Coverage must be provided for the furnishing or dispensing of prescribed
contraceptive supplies intended to last for a 12-month period, which may be furnished
or dispensed all at once or over the course of the 12 months at the discretion of the
health care provider.
Sec. 4. 24-A MRSA §4247, sub-§4, as enacted by PL 2017, c. 190, §3, is amended
to read:
4. Coverage of contraceptive supplies. Coverage required under this section must
include coverage for contraceptive supplies in accordance with the following requirements.
For purposes of this section, "contraceptive supplies" means all contraceptive drugs,
devices and products approved by the federal Food and Drug Administration to prevent an
unwanted pregnancy.
A. Coverage must be provided without any deductible, coinsurance, copayment or
other cost-sharing requirement for at least one contraceptive supply within each
method of contraception that is identified by the federal Food and Drug Administration
to prevent an unwanted pregnancy and prescribed by a health care provider.
B. If there is a therapeutic equivalent of a contraceptive supply within a contraceptive
method approved by the federal Food and Drug Administration, a health maintenance
organization may provide coverage for more than has approved one or more therapeutic
equivalents of a contraceptive supply and may impose, a health maintenance
organization is not required to cover all those therapeutically equivalent versions in
accordance with this subsection, as long as at least one is covered without any
deductible, coinsurance, copayment or other cost-sharing requirements as long as at
least one contraceptive supply within that method is available without cost sharing
requirement in accordance with this subsection.
C. If an individual's health care provider recommends a particular contraceptive supply
approved by the federal Food and Drug Administration for the individual based on a
determination of medical necessity, the health maintenance organization shall defer to
the provider's determination and judgment and shall provide coverage without cost
sharing for the prescribed contraceptive supply.
D. Coverage must be provided for the furnishing or dispensing of prescribed
contraceptive supplies intended to last for a 12-month period, which may be furnished
or dispensed all at once or over the course of the 12 months at the discretion of the
health care provider.
Sec. 5. Application. The requirements of this Act apply to all policies, contracts
and certificates executed, delivered, issued for delivery, continued or renewed in this State
on or after January 1, 2023. For purposes of this Act, all contracts are deemed to be renewed
no later than the next yearly anniversary of the contract date.
Sec. 6. Exemption from review. Notwithstanding the Maine Revised Statutes,
Title 24-A, section 2752, this Act is enacted without review and evaluation by the
Department of Professional and Financial Regulation, Bureau of Insurance.
Sec. 7. No addition to State's essential health benefits; legislative finding.
The requirements of this Act do not constitute an addition to the State's essential health
benefits that requires defrayal of costs by the State pursuant to 42 United States Code,
Section 18031(d)(3)(B) because this Act clarifies that health insurance carriers must
Page 3 - 130LR2298(04)
provide coverage for contraceptive supplies prescribed by an individual's health care
provider without cost sharing.
Page 4 - 130LR2298(04)


Statutes affected:
Bill Text LD 1954, SP 691: 24-A.2756, 24-A.2847, 24-A.4247
Bill Text ACTPUB , Chapter 609: 24-A.2756, 24-A.2847, 24-A.4247