Maine LD 359: An Act To Assist Persons with Breast Cancer

LD 359 (subjects: INSURANCE , HEALTH )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=359&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support


Sponsors

Principal Sponsor: Rep. Thomas Longstaff of Waterville: (D – District 109) — e-mail | Facebook

9 Cosponsors:

Actions

Chamber

Action
2/12/2015 House Committee on Insurance and Financial Services suggested and ordered printed.
The Bill was REFERRED to the Committee on INSURANCE AND FINANCIAL SERVICES.
Sent for concurrence. ORDERED SENT FORTHWITH.
2/12/2015 Senate On motion by Senator Whittemore of Somerset, REFERRED to the Committee on Insurance and Financial Services, in concurrence.
4/28/2015 House Reports READ.
On motion of Representative BECK of Waterville, the Majority Ought to Pass Report was ACCEPTED.
ROLL CALL NO. 40
(Yeas 111 – Nays 35 – Absent 5 – Excused 0)
The Bill was READ ONCE.
TOMORROW ASSIGNED FOR SECOND READING.
4/29/2015 House Committee on Bills in the Second Reading Reports no further verbal amendments necessary Representative McLEAN of Gorham, Chair, House of Representatives Report Accepted.

READ the Second Time.
The Bill was PASSED TO BE ENGROSSED.
Sent for concurrence. ORDERED SENT FORTHWITH.
4/30/2015 Senate Reports READ
On motion by Senator WHITTEMORE of Somerset Tabled until Later in Today’s Session, pending ACCEPTANCE OF EITHER REPORT
5/5/2015 Senate Unfinished Business
5/6/2015 Senate Unfinished Business
5/7/2015 Senate Unfinished Business
5/12/2015 Senate Unfinished Business
5/13/2015 Senate Unfinished Business
5/14/2015 Senate Unfinished Business
5/19/2015 Senate Unfinished Business
5/20/2015 Senate Unfinished Business
5/21/2015 Senate Unfinished Business
5/26/2015 Senate Unfinished Business
5/27/2015 Senate Unfinished Business
5/28/2015 Senate Unfinished Business
5/29/2015 Senate Unfinished Business
6/1/2015 Senate Taken from the table by the President
On motion by Senator WHITTEMORE of Somerset the Majority Ought to Pass Report ACCEPTED , in concurrence.
READ ONCE

Under suspension of the Rules, READ A SECOND TIME
Senate Amendment “B” (S-144) READ and ADOPTED PASSED TO BE ENGROSSED AS AMENDED BY Senate Amendment “B” (S-144) , in NON-CONCURRENCE.
Ordered sent down forthwith for concurrence.
6/2/2015 House The House RECEDED and CONCURRED to PASSAGE TO BE ENGROSSED as Amended by Senate Amendment “B” (S-144).
ROLL CALL NO. 133
(Yeas 142 – Nays 0 – Absent 9 – Excused 0)
ORDERED SENT FORTHWITH.
6/5/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/8/2015 Senate PASSED TO BE ENACTED, in concurrence.
6/22/2015 House This Bill, having been returned by the Governor, together with objections to the same pursuant to Article IV, Part Third, Section 2 of the Constitution of the State of Maine, after reconsideration, the House proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?”
ROLL CALL NO. 305V
145 having voted in the affirmative and 0 in the negative, with 6 being absent, and accordingly it was the vote of the House that the Bill become a law notwithstanding the objections of the Governor, since two-thirds of the members of the House so voted.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/22/2015 Senate LD 359 In Senate, June 22, 2015, this Bill, having been returned by the Governor, together with objections to the same pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?” 34 IN FAVOR and 0 AGAINST, accordingly it was the vote of the Senate that the Bill become law and the VETO was OVERRIDDEN.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 359 as originally introduced. L.D. 359 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: S-B (S-144) .

An Act To Assist Persons with Breast Cancer

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 24 MRSA 2320-C, sub- 1, as enacted by PL 1997, c. 408, 2 and affected by 8, is amended to read:

1. Inpatient care. All individual and group nonprofit hospital and medical services plan contracts providing coverage for medical and surgical benefits must ensure that inpatient coverage with respect to the treatment of breast cancer is provided for a period of time determined by hospital stay of no less than 48 hours insofar as the attending physician, in consultation with the patient, determines it to be medically appropriate following a mastectomy , or a lumpectomy or for a hospital stay of no less than 24 hours insofar as the attending physician, in consultation with the patient, determines it to be medically appropriate following a lymph node dissection for the treatment of breast cancer.

Nothing in this subsection may be construed to require the provision of inpatient coverage if the attending physician and patient determine that a shorter period of hospital stay is appropriate.

In implementing the requirements of this subsection, an individual and group nonprofit hospital and medical services plan contract may not modify the terms and conditions of coverage based on the determination by any enrollee to request less than the minimum coverage required under this subsection.

All individual and group nonprofit hospital and medical services plan contracts must provide written notice to each enrollee under the contract regarding the coverage required by this subsection. The notice must be prominently positioned in any literature or correspondence made available or distributed by the plan and must be transmitted in the next mailing made by the plan to the enrollee or as part of any yearly information packet sent to the enrollee, whichever is earlier.

Sec. 2. 24-A MRSA 2745-C, sub- 1, as enacted by PL 1997, c. 408, 4 and affected by 8, is amended to read:

1. Inpatient care. All individual health policies providing coverage for medical and surgical benefits, except accidental injury, specified disease, hospital indemnity, Medicare supplement, long-term care and other limited benefit health insurance policies and contracts, must ensure that inpatient coverage with respect to the treatment of breast cancer is provided for a period of time determined by hospital stay of no less than 48 hours insofar as the attending physician, in consultation with the patient, determines it to be medically appropriate following a mastectomy , or a lumpectomy or for a hospital stay of no less than 24 hours insofar as the attending physician, in consultation with the patient, determines it to be medically appropriate following a lymph node dissection for the treatment of breast cancer.

Nothing in this subsection may be construed to require the provision of inpatient coverage if the attending physician and patient determine that a shorter period of hospital stay is appropriate.

In implementing the requirements of this subsection, an individual health policy may not modify the terms and conditions of coverage based on the determination by any enrollee to request less than the minimum coverage required under this subsection.

All individual health policies must provide written notice to each enrollee under the contract regarding the coverage required by this subsection. The notice must be prominently positioned in any literature or correspondence made available or distributed by the plan and must be transmitted in the next mailing made by the plan to the enrollee or as part of any yearly information packet sent to the enrollee, whichever is earlier.

Sec. 3. 24-A MRSA 2837-C, sub- 1, as enacted by PL 1997, c. 408, 6 and affected by 8, is amended to read:

1. Inpatient care. All group health policies providing coverage for medical and surgical benefits, except accidental injury, specified disease, hospital indemnity, Medicare supplement, long-term care and other limited benefit health insurance policies and contracts, must ensure that inpatient coverage with respect to the treatment of breast cancer is provided for a period of time determined by hospital stay of no less than 48 hours insofar as the attending physician, in consultation with the patient, determines it to be medically appropriate following a mastectomy , or a lumpectomy or for a hospital stay of no less than 24 hours insofar as the attending physician, in consultation with the patient, determines it to be medically appropriate following a lymph node dissection for the treatment of breast cancer.

Nothing in this subsection may be construed to require the provision of inpatient coverage if the attending physician and patient determine that a shorter period of hospital stay is appropriate.

In implementing the requirements of this subsection, a group health policy may not modify the terms and conditions of coverage based on the determination by any enrollee to request less than the minimum coverage required under this subsection.

All group health policies must provide written notice to each enrollee under the contract regarding the coverage required by this subsection. The notice must be prominently positioned in any literature or correspondence made available or distributed by the plan and must be transmitted in the next mailing made by the plan to the enrollee or as part of any yearly information packet sent to the enrollee, whichever is earlier.

Sec. 4. 24-A MRSA 4237, sub- 1, as enacted by PL 1997, c. 408, 7 and affected by 8, is amended to read:

1. Inpatient care. All individual and group coverage subject to this chapter that provides coverage for medical and surgical benefits must ensure that inpatient coverage with respect to the treatment of breast cancer is provided for a period of time determined by hospital stay of no less than 48 hours insofar as the attending physician, in consultation with the patient, determines it to be medically appropriate following a mastectomy , or a lumpectomy or for a hospital stay of no less than 24 hours insofar as the attending physician, in consultation with the patient, determines it to be medically appropriate following a lymph node dissection for the treatment of breast cancer.

Nothing in this subsection may be construed to require the provision of inpatient coverage if the attending physician and patient determine that a shorter period of hospital stay is appropriate.

In implementing the requirements of this subsection, an individual or group coverage contract may not modify the terms and conditions of coverage based on the determination by any enrollee to request less than the minimum coverage required under this subsection.

All individual and group coverage subject to this subsection must provide written notice to each enrollee under the contract regarding the coverage required by this subsection. The notice must be prominently positioned in any literature or correspondence made available or distributed by the plan and must be transmitted in the next mailing made by the plan to the enrollee or as part of any yearly information packet sent to the enrollee, whichever is earlier.

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, 2016. For purposes of this Act, all contracts are deemed to be renewed no later than the next yearly anniversary of the contract date.

SUMMARY

This bill provides that individual and group health insurance policies must ensure that inpatient coverage with respect to breast cancer treatment is provided for a hospital stay of no less than 48 hours insofar as the attending physician, in consultation with the patient, determines it to be medically appropriate following a mastectomy or lumpectomy or of no less than 24 hours following a lymph node dissection. Under current law, the minimum hospital stay is not prescribed but must be provided for a period of time determined to be medically appropriate by the attending physician in consultation with the patient.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 359 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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