ACA Consumer Protections Incorporated into Maine Law

On July 23, 2019, the Maine Bureau of Insurance published Bulletin 437, which relates to incorporation of the ACA's consumer protections into Maine law. According to the bulletin, Public Law 2019, Chapter 5 (LD 1), preserves some of the ACA's major consumer protections by incorporating them into Maine law and harmonizes state and federal laws in areas where Maine law was already similar to the ACA.

According to the bulletin, Maine law now incorporates ACA and additional protections on the following items:

  • Rating restrictions
  • Dependent child coverage up to age 26
  • Pre-existing condition exclusion prohibitions
  • Prohibition on rescissions of coverage
  • Plan descriptions — similar to the ACA's SBC rules
  • Prescription drugs — prohibits carriers from reducing or terminating benefits for an ongoing course of treatment during the course of an appeal
  • Minimum medical loss ratio rules
  • Guaranteed issue
  • Prohibition on lifetime and annual limits on essential health benefits
  • Nondiscrimination on the basis of race, color, national origin, sex, sexual orientation, gender identity, age, or disability.
  • Mental health coverage.

For employers with fully insured plans in Maine, the new law and bulletin signals Maine's intent to solidify the ACA's protections through Maine law. The guidance contains no new employer obligations; employers should work with carriers on any questions relating to the bulletin.

Bulletin 437 »