LD 213
pg. 4
Page 3 of 5 An Act To Assist Maine's Infertile Citizens Page 5 of 5
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LR 751
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(4)__For procedures for intrauterine inseminations and
procedures requiring oocyte retrievals that also
involve the use of donor gametes or a gestational
carrier, the policy may cover only medical expenses
and the number of procedures may be limited as
permitted in this subsection.

 
(5) The policy may require that procedures be
performed at medical facilities that conform to the
American Society for Reproductive Medicine guidelines
as outlined by the Society for Assisted Reproductive
Technology or a successor organization;

 
D.__For procedures using cryopreserved embryos, all costs,
except for storage costs, must be covered; and

 
E.__The policy may not include coverage for procedures
defined by the American Society for Reproductive Medicine
or a successor organization as experimental or
investigational.

 
4.__Exclusion for religious employer.__A religious employer
may request and a health maintenance organization shall grant
an exclusion under the policy or contract for the coverage
required by this section if the required coverage conflicts
with the religious employer's bona fide religious beliefs and
practices.__A religious employer that obtains an exclusion
under this subsection shall provide prospective enrollees and
those individuals covered under its policy written notice of
the exclusion. This subsection may not be construed as
authorizing a health maintenance organization to exclude
coverage for medically necessary procedures or for
prescription drugs prescribed for reasons other than
infertility purposes.__For the purposes of this subsection,
"religious employer" means an employer that is a church,
convention or association of churches or an elementary or
secondary school that is controlled, operated or principally
supported by a church or by a convention or association of
churches as defined in 26 United States Code, Section 3121(w)
(3) (A) and that qualifies as a tax-exempt organization under
26 United States Code, Section 501(c) (3).

 
Sec. 4. Application. The requirements of this Act apply to all
group policies, contracts and certificates executed,
delivered, issued for delivery, continued or renewed in this
State on or after January 1, 2004. For purposes of this Act,
all contracts are deemed to be renewed no later than the next
yearly anniversary of the contract date.


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