Chapter 56-A: HEALTH PLAN IMPROVEMENT ACT HEADING: PL 1997, C. 792, §2 (RPR)
Subchapter 1: HEALTH PLAN REQUIREMENTS HEADING: PL 1997, C. 792, §2 (NEW)
§4302. Reporting requirements
To offer or renew a health plan in this State, a carrier must comply with the following requirements. [2007, c. 199, Pt. B, §2 (AMD).]
1.Description of plan.
A carrier shall provide to prospective enrollees and participating providers, and to members of the public and nonparticipating
providers upon request, information on the terms and conditions of the plan to enable those persons to make informed decisions
regarding their choice of plan. A carrier shall provide this information annually to current enrollees, participating providers
and the superintendent. This information must be presented in a standardized format acceptable to the superintendent. In
adopting rules or developing standardized reporting formats, the superintendent shall consider the nature of the health plan
and the extent to which rules or standardized formats are appropriate to the plan. All written and oral descriptions of the
health plan must be truthful and must use appropriate and objective terms that are easy to understand. These descriptions
must be consistent with standards developed for supplemental insurance coverage under the United States Social Security Act,
Title XVIII, 42 United States Code, Sections 301 to 1397 (1988). Descriptions of plans under this subsection must be standardized
so that enrollees may compare the attributes of the plans. After a carrier has provided the required information, the annual
information requirement under this subsection may be satisfied by the provision of any amendments to the materials on an annual
basis. Specific items that must be included in a description are as follows:
A. Coverage provisions, benefits and any exclusions by category of service, type of provider and, if applicable, by specific
service, including but not limited to the following types of exclusions and limitations:
(1) Health care services excluded from coverage;
(2) Health care services requiring copayments or deductibles paid by enrollees;
(3) Restrictions on access to a particular provider type;
(4) Health care services that are or may be provided only by referral; and
(5) Childhood immunizations as recommended by the United States Department of Health and Human Services, Centers for Disease
Control and Prevention and the American Academy of Pediatrics; [2009, c. 439, Pt. A, §2 (AMD).]
B. Any prior authorization or other review requirements, including preauthorization review, concurrent review, postservice
review, postpayment review and any procedures that may result in the enrollee being denied coverage or not being provided
a particular service; [1995, c. 673, Pt. C, §1 (NEW); 1995, c. 673, Pt. C, §2 (AFF).]
C. A general description of the methods used to compensate providers, including capitation and methods in which providers receive
compensation based upon referrals, utilization or cost criteria; [1995, c. 673, Pt. C, §1 (NEW); 1995, c. 673, Pt. C, §2 (AFF).]
D. An explanation of how health plan limitations affect enrollees, including information on enrollee financial responsibilities
for payment of coinsurance or other noncovered or out-of-plan services and limits on preexisting conditions and waiting periods; [1995, c. 673, Pt. C, §1 (NEW); 1995, c. 673, Pt. C, §2 (AFF).]
E. The terms under which the health plan may be renewed by the plan members or enrollees, including any reservation by the
health plan of any right to increase premiums; [1995, c. 673, Pt. C, §1 (NEW); 1995, c. 673, Pt. C, §2 (AFF).]
F. A statement as to when benefits cease in the event of nonpayment of the prepaid or periodic premium and the effect of nonpayment
upon the enrollees who are hospitalized or undergoing treatment for an ongoing condition; [1995, c. 673, Pt. C, §1 (NEW); 1995, c. 673, Pt. C, §2 (AFF).]
G. A description of the manner in which the plan addresses the following: the provision of appropriate and accessible care
in a timely fashion; an effective and timely grievance process and the circumstances in which an enrollee may obtain a 2nd
opinion; timely determinations of coverage issues; confidentiality of medical records; and written copies of coverage decisions
that are not explicit in the health plan agreement. The description must also include a statement explaining the circumstances
under which health status may be considered in making coverage decisions in accordance with state and federal laws and that
enrollees may refuse particular treatments without jeopardizing future treatment; [1995, c. 673, Pt. C, §1 (NEW); 1995, c. 673, Pt. C, §2 (AFF).]
H. Procedures an enrollee must follow to obtain drugs and medicines that are subject to a plan list or plan formulary, if any;
a description of the formulary; and a description of the extent to which an enrollee will be reimbursed for the cost of a
drug that is not on a plan list or plan formulary. Enrollees may request additional information related to specific drugs
that are not on the drug formulary; [1999, c. 742, §4 (AMD).]
I. Information on where and in what manner health care services may be obtained; [1999, c. 742, §4 (AMD).]
J. A description of the independent external review procedures and the circumstances under which an enrollee is entitled to independent
external review as required by this chapter; [2009, c. 439, Pt. B, §2 (AMD).]
K. A description of the requirements for enrollees to obtain coverage of routine costs of clinical trials and information on
the manner in which enrollees not eligible to participate in clinical trials may qualify for the compassionate use program
of the federal Food and Drug Administration for use of investigational drugs pursuant to 21 Code of Federal Regulations, Section
312.34, as amended; and [2009, c. 439, Pt. B, §3 (AMD).]
L. A description of a provider profiling program that may be a part of the health plan, including the location of provider performance
ratings in the plan materials or on a publicly accessible website, information explaining the provider rating system and the
basis upon which provider performance is measured, the limitations of the data used to measure provider performance, the process
for selecting providers and a conspicuous written disclaimer explaining the provider performance ratings should only be used
as a guide for choosing a provider and that enrollees should consult their current provider before making a decision about
their health care based on a provider rating. [2009, c. 439, Pt. B, §4 (NEW).]
2009, c. 439, Pt. A, §2 (AMD);
2009, c. 439, Pt. B, §§2-4 (AMD)
2.Plan complaint; adverse decisions; prior authorization statistics.
A carrier shall provide annually to the superintendent information for each health plan that it offers or renews on plan complaints, adverse decisions and prior authorization statistics. This statistical information must contain, at
A. The ratio of the number of complaints received by the plan to the total number of enrollees, reported by type of complaint
and category of enrollee; [1995, c. 673, Pt. C, §1 (NEW); 1995, c. 673, Pt. C, §2 (AFF).]
B. The ratio of the number of adverse decisions issued by the plan to the number of complaints received, reported by category; [1995, c. 673, Pt. C, §1 (NEW); 1995, c. 673, Pt. C, §2 (AFF).]
C. The ratio of the number of prior authorizations denied by the plan to the number of prior authorizations requested, reported
by category; [1995, c. 673, Pt. C, §1 (NEW); 1995, c. 673, Pt. C, §2 (AFF).]
D. The ratio of the number of successful enrollee appeals to the total number of appeals filed; [1995, c. 673, Pt. C, §1 (NEW); 1995, c. 673, Pt. C, §2 (AFF).]
E. The percentage of disenrollments by enrollees and providers from the health plan within the previous 12 months and the reasons
for the disenrollments. With respect to enrollees, the information provided in this paragraph must differentiate between
voluntary and involuntary disenrollments; and [1995, c. 673, Pt. C, §1 (NEW); 1995, c. 673, Pt. C, §2 (AFF).]
F. Enrollee satisfaction statistics, including provider-to-enrollee ratio by geographic region and medical specialty and a
report on what actions, if any, the carrier has taken to improve complaint handling and eliminate the causes of valid complaints. [1995, c. 673, Pt. C, §1 (NEW); 1995, c. 673, Pt. C, §2 (AFF).]
2007, c. 199, Pt. B, §3 (AMD)
3.Acceptable methods of providing information.
A carrier may meet any of the reporting requirements set forth in this section by providing information in conformity with
the requirements of the federal Health Maintenance Organization Act of 1973, 42 United States Code, Sections 280c and 300e
to 300e-17 (1988), or any other applicable state or federal law or any accrediting organization recognized by the superintendent,
as long as the superintendent finds that the information is substantially similar to the information required by this section
and is presented in a format that provides a meaningful comparison between health plans. When the superintendent determines
that it is feasible and appropriate, the information required by this section must be provided by geographic region, age,
gender and type of employer or group. With respect to geographical breakdown, the information must be provided in a manner
that permits comparisons between urban and rural areas.
1995, c. 673, Pt. C, §1 (NEW);
1995, c. 673, Pt. C, §2 (AFF)
By February 1st of each year, a carrier that provides only administrative services for a plan sponsor shall annually file
with the superintendent for the most recent complete calendar year for all covered individuals in the State the total number
of claims paid for each plan sponsor and the total dollar amount of claims paid for each plan sponsor.
2001, c. 457, §23 (NEW)
5.Annual report; claims for diagnosis and treatment of Lyme disease and other tick-borne illnesses.
By February 1st of each year, all carriers shall file with the superintendent for the most recent calendar year for all
covered individuals in the State the total claims made for the diagnosis and treatment of Lyme disease and other tick-borne illnesses. The filing must include information on the number of claims made
for the diagnosis and treatment of Lyme disease and other tick-borne illnesses, the total dollar amount of those claims, the number of claim denials
and the reasons for those denials, the number and outcome of internal appeals and the number of external appeals related to
the diagnosis and treatment of Lyme disease and other tick-borne illnesses. The superintendent shall compile from all carriers this data in
an annual report and submit the report by March 15th of each year to the joint standing committee of the Legislature having
jurisdiction over health insurance matters. The superintendent shall consult with the Department of Health and Human Services, Maine Center for Disease Control and Prevention
to determine any additional information to be collected from carriers, beginning with data for calendar year 2011.
2009, c. 494, §5 (AMD)
6.Reporting required pursuant to the Affordable Care Act.
Notwithstanding any other requirements of this Title, a carrier shall provide to the Secretary of the United States Department
of Health and Human Services, and make available to the public when required by federal law, any information required by the
federal Affordable Care Act. Carriers shall provide the information to the superintendent upon request.
2011, c. 364, §24 (NEW)
1995, c. 673, §C1 (NEW).
1995, c. 673, §C2 (AFF).
1999, c. 742, §§4,5 (AMD).
2001, c. 457, §23 (AMD).
2007, c. 199, Pt. B, §§2, 3 (AMD).
2007, c. 561, §2 (AMD).
2009, c. 439, Pt. A, §2 (AMD).
2009, c. 439, Pt. B, §§2-4 (AMD).
2009, c. 494, §5 (AMD).
2011, c. 364, §24 (AMD).
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