APPROVED CHAPTER
MAY 2, 2022 683
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
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H.P. 492 - L.D. 665
An Act To Promote Better Dental Care for Cancer Survivors
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 24-A MRSA §4320-S is enacted to read:
§4320-S. Coverage for dental services for cancer patients
1. Required coverage. Except as provided in subsection 2, a carrier offering a health
plan in this State shall provide coverage for medically necessary dental procedures in
accordance with the following for an enrollee who has been diagnosed with cancer.
A. Coverage must be provided for fluoride treatment and dental procedures that are
medically necessary to reduce the risk of infection or eliminate infection or to treat
tooth loss or decay in an enrollee prior to beginning cancer treatment, including
chemotherapy, biological therapy or radiation therapy treatment.
B. Coverage must be provided for dental procedures that are medically necessary to
reduce the risk of infection or eliminate infection or to treat tooth loss or decay that are
the direct or indirect result of cancer treatment, including chemotherapy, biological
therapy or radiation therapy treatment.
C. Coverage required under this subsection must include coverage for laboratory
assessments, medications and treatments.
2. Routine preventive dental care not required. A carrier is not required to provide
coverage for routine preventive dental care, including cleaning and sealants.
Sec. 2. No addition to State's essential health benefits; legislative finding.
The Legislature finds that 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 the requirements clarify that health
insurance carriers must cover medically necessary dental procedures prior to beginning
cancer treatment and that are the direct or indirect result of cancer treatment under the law
in effect prior to the effective date of this Act.
Sec. 3. Application. The requirements of this Act apply to all policies, contracts
and certificates executed, delivered, issued for delivery, continued or renewed in this State
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on or after January 1, 2024. For purposes of this Act, all contracts are deemed to be renewed
no later than the next yearly anniversary of the contract date.
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