All Rate and Form Filings submitted to the Bureau of Insurance for
review must be accompanied by the completed appropriate transmittal
Document as well as the completed appropriate rate/form review checklist.
The checklist must be completed by the company submitting the filing
and must reference, for each item on the checklist, the location of
each specific item in the filing. The transmittal Document takes the
place of the cover letter requirement. Blank transmittal documents are
attached here for your use.
| REVIEW REQUIREMENTS |
REFERENCE |
DESCRIPTION OF REVIEW
STANDARDS REQUIREMENTS |
LOCATION OF
STANDARD IN FILING |
| Guaranteed Issue |
24-A
M.R.S.A. §2808-B |
Small group plans are quaranteed issue and renewed,
community rated, and standardized plans. |
|
| Dependent coverage |
24-A
M.R.S.A. §2809 |
May not use residency as a requirement for dependents. |
|
| Designation of Classification
of Coverage |
Rule
755, Sec. 6 |
The heading of the cover letter of any form filing
subject to this rule shall state the category of coverage set forth
in 24-A M.R.S.A. § 2694 that the form is intended to be in. |
|
| Classification, Disclosure,
and Minimum Standards |
Rule
755 |
Must comply with all applicable provisions of Rule
755 including, but not limited to, Sections 4, 5, 6(A), 6(B), 7(A),
7(B), 7(C), and 8. |
|
| Prescription Drug Coverage |
Rule
755, Sec. 6(F)(1)(i) |
Must provide coverage for out-of-hospital prescription
drugs and medications. Cost sharing for the drug benefit shall not
exceed 50% on average. If there is a separate maximum for this benefit,
it shall be at least $1,500 per year. |
|
| Coverage of licensed pastoral
counselors and marriage and family counselors |
24-A
M.R.S.A. §2835 |
Must include benefits for licensed pastoral counselors
and marriage and family therapists for mental health services to the
extent that the same services would be covered if performed by a physician. |
|
| Coverage for breast reduction
and symptomatic varicose vein surgery (Mandated offer) |
24-A
M.R.S.A. §2847-L |
Coverage must be offered for breast reduction surgery
and symptomatic varicose vein surgery determined to be medically necessary |
|
| Credit toward Deductible |
24-A
M.R.S.A. §2844(3) |
When an insured is covered under more than one expense-incurred
health plan, payments made by the primary plan, payments made by the
insured and payments made from a health savings account or similar
fund for benefits covered under the secondary plan must be credited
toward the deductible of the secondary plan. This subsection does
not apply if the secondary plan is designed to supplement the primary
plan. |
|
| Continuation of group coverage |
24-A
M.R.S.A. §2809-A(11) |
If the termination of an individual's group insurance
coverage is a result of the member or employee being temporarily laid
off or losing employment because of an injury or disease that the
employee claims to be compensable under Workers Compensation, the
insurer shall allow the member or employee to elect to continue coverage
under the group policy at no higher level than the level of benefits
or coverage received by the employee immediately before termination
and at the member's or employee's expense or, at the member's or employee's
option, to convert to a policy of individual coverage without evidence
of insurability in accordance with this section. See complete details
in §2809-A(11). |
|
| PPOs – Payment for Non-preferred
Providers |
24-A
M.R.S.A. §2677-A(2) |
The benefit level differential between services rendered
by preferred providers and nonpreferred providers may not exceed 20%
of the allowable charge for the service rendered. |
|
| Required provisions |
24-A
M.R.S.A.
§2816 thru §2828 |
Application statements, notice of claim, proof of
loss, assignment of benefits, renewal provisions |
|
| Child coverage |
§2833 |
Defined as under 19 years of age and are children,
stepchildren or adopted children of, or children placed for adoption
with the policyholder, member or spouse of the policyholder or member,
no financial dependency requirement, court ordered coverage |
|
| Newborn coverage |
24-A
M.R.S.A. §2834 |
Newborns are automatically covered under the plan
from the moment of birth for the first 31 days |
|
| Maternity and newborn care |
24-A
M.R.S.A. §2834-A |
Benefits must be provided for maternity (length of
stay) and newborn care, in accordance with "Guidelines for Perinatal
Care" as determined by attending provider and mother. |
|
| Dependent enrollment |
24-A
M.R.S.A. §2834-B |
Enrollment for qualifying events. |
|
| Limits on priority liens |
24-A
M.R.S.A. §2836 |
No policy for health insurance shall provide for priority
over the insured of payment for any hospital, nursing, medical or
surgical services |
|
| Home healthcare coverage |
24-A
M.R.S.A. §2837 |
|
|
| Screening Mammograms |
24-A
M.R.S.A. §2837-A |
If radiological procedures are covered |
|
| Coverage for breast cancer
treatment |
24-A
M.R.S.A. §2837-C |
Must provide coverage for reconstruction of both breasts
to produce symmetrical appearance according to patient and physician
wishes. |
|
| Medical food coverage for
inborn error of metabolism |
24-A
M.R.S.A. §2837-D |
Must provide coverage for metabolic formula and up
to $3,000 per year for prescribed modified low-protein food products. |
|
| Coverage for Pap tests |
24-A
M.R.S.A. §2837-E |
Benefits must be provided for screening Pap tests |
|
| Off-label use of prescription
drugs for cancer and HIV or AIDS |
24-A
M.R.S.A. §2837-F, §2837-G |
Coverage required for off-label use of prescription
drugs for treatment of cancer, HIV, or AIDS. |
|
| Coverage for prostate cancer
screening |
24-A
M.R.S.A. §2837-H |
Coverage required for prostrate cancer screening:
Digital rectal examinations and prostate-specific antigen tests covered
if recommended by a physician, at least once a year for men 50 years
of age or older until age 72. |
|
| Chiropractic Coverage |
24-A
M.R.S.A. §2840-A |
Provide benefits for care by chiropractors at least
equal to benefit paid to other providers treating similar neuro-musculoskeletal
conditions. |
|
| Substance Abuse |
24-A
M.R.S.A. §2842, Rule
320 |
Mandated coverage at minimum levels defined in the
Rule. |
|
| Coordination of benefits |
24-A
M.R.S.A. §2844 |
Medicaid is always secondary |
|
| AIDS |
24-A
M.R.S.A. §2846 |
may not provide more restrictive benefits for expenses
resulting from Acquired Immune Deficiency Syndrome (AIDS) or related
illness. |
|
| Penalty for failure to notify
of hospitalization |
24-A
M.R.S.A. §2847-A |
No penalty for hospitalization for emergency treatment |
|
| Notification prior to cancellation |
24-A
M.R.S.A. §2847-C, Rule
580 |
10 days prior notice, reinstatement required if insured
has an organic brain disorder |
|
| Penalty for noncompliance
with utilization review |
24-A
M.R.S.A. §2847-D |
May not have a penalty of more than $500 for failure
to provide notification under a utilization review program |
|
| Coverage for diabetes supplies |
24-A
M.R.S.A. §2847-E |
Benefits must be provided for medically necessary
equipment and supplies used to treat diabetes (insulin, oral hypoglycemic
agents, monitors, test strips, syringes and lancets) and approved
self-management and education training. |
|
| Gynecological and obstetrical
services |
24-A
M.R.S.A. §2847-F |
Benefits must be provided for annual gynecological
exam without prior approval of primary care physician. |
|
| Coverage for contraceptives |
24-A
M.R.S.A. §2847-G |
All contracts that provide coverage for prescription
drugs or outpatient medical services must provide coverage for all
prescription contraceptives or for outpatient contraceptive services,
respectively, to the same extent that coverage is provided for other
prescription drugs or outpatient medical services. |
|
| Coverage of certified nurse
practitioners and certified nurse midwifes |
24-A
M.R.S.A. §2847-H |
Coverage of nurse practitioners and nurse midwives
and allows nurse practitioners to serve as primary care providers |
|
| Coverage for services provided
by registered nurse first assistants |
24-A
M.R.S.A. §2847-I |
Benefits must be provided for coverage for surgical
first assisting benefits or services shall provide coverage and payment
under those contracts to a registered nurse first assistant who performs
services that are within the scope of a registered nurse first assistant's
qualifications. |
|
| Continuity on replacement
of group policy |
24-A
M.R.S.A. §2849 |
Continuity of coverage to persons who were covered
under the replaced contract any time during the 90 days before the
discontinuance of the replaced contract or policy. |
|
| Extension of Benefits |
24-A
M.R.S.A. §2849-A |
provide an extension of benefits of 6 months for a
person who is totally disabled on the date the group or subgroup policy
is discontinued. For a policy providing specific indemnity during
hospital confinement, “extension of benefits” means that discontinuance
of the policy during a disability has no effect on benefits payable
for that confinement. |
|
| Continuity for individual
who changes groups |
24-A
M.R.S.A. §2849-B |
A person is provided continuity of coverage if the
person was covered under the prior policy and the prior policy terminated
Within 180 days before the date the person enrolls or is eligible
to enroll in the succeeding policy, or within 90 days before the date
the person enrolls or is eligible to enroll in the succeeding contract.
The succeeding carrier must waive any medical underwriting or preexisting
conditions exclusion to the extent that benefits would have been payable
under a prior contract or policy if the prior contract or policy were
still in effect. |
|
| Limitations on exclusions
and waiting periods |
24-A
M.R.S.A. §2850 |
A preexisting condition exclusion may not exceed 12
months, including the waiting period, if any. This section goes on
to describe restrictions to preexisting condition exclusions. |
|
| Guaranteed Renewal |
24-A
M.R.S.A. §2850-B |
Renewal must be guaranteed to all individuals, to
all groups and to all eligible members and their dependents in those
groups except for failure to pay premiums, fraud or intentional misrepresentation. |
|
| Health plan accountability |
Rule
850 |
Standards in this rule include, but are not limited
to, required provisions for grievance and appeal procedures, emergency
services, and utilization review standards. |
|
| Definition of UCR |
24-A
M.R.S.A. §4303(8) |
The data used to determine this charge must be Maine
specific and relative to the region where the claim was incurred. |
|
| Standardized plans |
24-A
M.R.S.A. §2808-B, Rule
750 |
Carriers in the small group market must have these
plans available for purchase. Benefit levels defined in the Rule. |
|
| Hospice Care Services |
24-A
M.R.S.A. §2847-J |
Hospice care services must be provided to a person
who is terminally ill (life expectancy of 12 months or less). Must
be provided whether the services are provided in a home setting or
an inpatient setting. See section for further requirements. |
|
| Domestic Partner Coverage
(Mandated offer) |
24-A
M.R.S.A. §2832-A |
Coverage must be offered for domestic partners of individual
policyholders or group members. This section establishes criteria
defining who is an eligible domestic partner. |
|
| Definition of Medically Necessary |
24-A
M.R.S.A. §4301-A, Sub-§10-A |
Forms that use the term "medically necessary"
or similar terms must include this new definition verbatim. |
|
| Anesthesia for Dentistry |
24-A
M.R.S.A. §2847-K |
Anesthesia & associated facility charges for dental
procedures are mandated benefits for certain vulnerable persons. |
|
| Eye Care Services |
24-A
M.R.S.A. §4314 |
Patient access to eye care provisions when the plan
provides eye care services |
|
| Health Plan Improvement Act |
24-A
M.R.S.A. §4301-A - §4314 |
These sections describe requirements for health plans
offered in Maine. The requirements include, but are not limited to:
access to clinical trials, access to prescription drugs, utilization
review standards, and independent external review |
|
| Notice of Rate Increase |
24-A
M.R.S.A. §2839-A |
Requires that insurers provide a minimum of 60 days
written notice to affected policyholders prior to a rate filing for
individual health insurance or a rate increase for group health insurance.
It specifies the requirements for the notice. See these sections for
more details. |
|
| UCR Required Disclosure |
24-A
M.R.S.A. §4303(8)(A) |
Clearly disclose that the insured or enrollee may be
subject to balance billing as a result of claims adjustment and provide
a toll-free number that an insured or enrollee may call prior to receiving
services to determine the maximum allowable charge permitted by the
carrier for a specified service. |
|
| Coverage of prosthetic devices
to replace an arm or leg. - Effective 1/04 |
24-A
M.R.S.A. §4315 |
Coverage must be provided, at a minimum, for prosthetic
devices to replace, in whole or in part, an arm or leg to the extent
that they are covered under the Medicare program. Coverage for repair
or replacement of a prosthetic device must also be included. |
|
| Coverage of Licensed clinical
Professional Counselors - Effective 1/04 |
24-A
M.R.S.A. §2835 |
Must include benefits for Licensed Clinical Professional
Counselor services to the extent that the same services would be covered
if performed by a physician. |
|
| Mental Health Coverage |
24-A
M.R.S.A. §2843, Rule
330 |
Must provide, at a minimum, the following benefits
for a person suffering from a mental or nervous condition: inpatient
services, day treatment services, outpatient services, and home health
care services. For groups with more than 20 employees mental health
benefits can not be less extensive than for physical illnesses for
the following mental illnesses: psychotic disorders (including schizophrenia),
dissociative disorders, mood disorders, anxiety disorders, personality
disorders, paraphilias, attention deficit ad disruptive behavior disorders,
pervasive developmental disorders, tic disorders, eating disorders
(including bulimia and anorexia), and substance abuse-related disorders.
Mandated offer of parity for small groups – mental health
benefits cannot be less extensive than for physical illnesses for
the following mental illnesses: schizophrenia, bipolar disorder,
pervasive developmental disorder (or autism), paranoia, panic disorder,
obsessive compulsive disorder, and major depressive disorder. |
|
| Prohibition against Absolute
Discretion Clauses Effective 9/13/03 |
24-A
M.R.S.A. §4303(11) |
Carriers are prohibited from including or enforcing
absolute discretion provisions in health plan contracts, certificates,
or agreements. |
|
| Extension of coverage for dependent children
with mental or physical illness |
24-A
M.R.S.A. §2833-A |
Requires health insurance policies to continue coverage for dependent
children up to 24 years of age who are unable to maintain enrollment
in college due to mental or physical illness if they would otherwise
terminate coverage due to a requirement that dependent children of
a specified age be enrolled in college to maintain eligibility. |
|
| Coverage for hearing aids |
24-A
M.R.S.A. §2847-O |
Coverage is required for the purchase of hearing aids for each hearing-impaired ear for the following individuals:
- From birth to 5 years of age if the individual is covered under a policy or contract that is issued or renewed on or after January 1, 2008.
- From 6 to 13 years of age if the individual is covered under a policy or contract that is issued or renewed on or after January 1, 2009.
- From 14 to 18 years of age if the individual is covered under a policy or contract that is issued or renewed on or after January 1, 2010.
|
|
| Coverage for Dependent Children Up to Age 25 |
24-A
M.R.S.A. §2833-B |
An group health insurance policy that offers coverage for dependent children must offer such coverage until the dependent child is 25 years of age. Pursuant to §2833-B the child must be unmarried, have no dependent of their own, be a resident of Maine or be enrolled as a full-time student, and not have coverage under any other health policy/contract or federal or state government program.
An insurer shall provide notice to policyholders regarding the availability of dependent coverage under this section upon each renewal of coverage or at lease once annually, whichever occurs more frequently. Notice provided under this subsection must include information about enrolment periods and notice of the insurer’s definition of and benefit limitations for preexisting conditions. |
|
| Screening mammograms |
24-A
M.R.S.A. §2837-A |
Benefits must be made available for screening mammography. A screening mammogram also includes an additional radiologic procedure recommended by a provider when the results of an initial radiologic procedure are not definitive. |
|
| Timeline for second level grievance review decisions |
24-A
M.R.S.A. §4303(4) |
Decisions for second level grievance reviews must be issued within 30 calendar days if the insured has not requested to appear in person before authorized representatives of the health carrier. |
|
| Infant Formula |
24-A M.R.S.A. §2847-P
|
Coverage of amino acid-based elemental infant formula must be provided when a physician has diagnosed and documented one of the following:
- Symptomatic allergic colitis or proctitis;
- Laboratory- or biopsy-proven allergic or eosinophilic gastroenteritis;
- A history of anaphylaxis
- Gastroesophageal reflux disease that is nonresponsive to standard medical therapies
- Severe vomiting or diarrhea resulting in clinically significant dehydration requiring treatment by a medical provider
- Cystic fibrosis; or
- Malabsorption of cow milk-based or soy milk-based formula
Medical necessity is determined when a licensed physician has submitted documentation that the amino acid-based elemental infant formula is the predominant source of nutritional intake at a rate of 50% or greater and that other commercial infant formulas, including cow milk-based and soy milk-based formulas, have been tried and have failed or are contraindicated.
Coverage for amino acid-based elemental infant formula under a policy, contract or certificate issued in connection with a health savings account may be subject to the same deductible and out-of-pocket limits that apply to overall benefits under the policy, contract or certificate. |
|
| Colorectal Cancer Screening |
24-A M.R.S.A. §2847-N
|
Coverage must be provided for colorectal cancer screening (including colonoscopies if recommended by a health care provider as the colorectal cancer screening test) for asymptomatic individuals who are fifty years of age or older; or less than 50 years of age and at high risk for colorectal cancer. If a colonoscopy is recommended as the colorectal cancer screening and a lesion is discovered and removed during the colonoscopy benefits must be paid for the screening colonoscopy as the primary procedure. |
|