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
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 minimum:
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
2001, c. 457, §23 (NEW)
5.Annual report; claims for diagnosis and treatment of Lyme disease and other tick-borne
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
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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