LD 784

LAW WITHOUT
  GOVERNOR'S  CHAPTER
  SIGNATURE
  531
  JANUARY 11, 2026  PUBLIC LAW
  STATE OF MAINE
  _____
  IN THE YEAR OF OUR LORD
  TWO THOUSAND TWENTY-FIVE
  _____
  S.P. 343 - L.D. 784
   An Act to Create a Rebuttable Presumption Related to Specialized Risk
  Screening for First Responders
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 24-A MRSA §4301-A, sub-§5-B is enacted to read:
    5-B. First responder. "First responder" means an employee or occasional employee
of a state, county or municipal government entity or volunteer of a state, county or
municipal government entity that provides or has the authority to provide fire, emergency
medical, emergency communications, correctional or police services.
    Sec. 2. 24-A MRSA §4301-A, sub-§19-A is enacted to read:
    19-A. Specialized risk screening. "Specialized risk screening" means any of the
following standard, medically accepted tests:
    A. Tests for evidence of any cancer with a known employment-related risk of exposure
    for a first responder;
    B. Blood tests, including tests conducted for a complete blood count, comprehensive
    metabolic panel, renal panel and hepatic panel;
    C. Mammography, colonoscopy or prostate examinations regardless of the age of the
    person who is the subject of the examination;
    D. Tests of any measure of serum activity of lipoprotein-associated phospholipase
    enzyme A2, oxidized low-density lipoprotein or additional indicators of endovascular
    inflammation; or
    E. Tests to measure vitamin deficiencies, nutritional deficits and mineral levels.
    Sec. 3. 24-A MRSA §4313, sub-§15 is enacted to read:
    15. Rebuttable presumption. In a cause of action under this section or under Title
18-C, section 2-807 as permitted under subsection 14, there is a rebuttable presumption
that a carrier has failed to exercise ordinary care when making an adverse health care
treatment decision to deny coverage under a health plan for covered specialized risk
screening for an enrollee who is a first responder and whose provider has determined the
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enrollee's receipt of specialized risk screening is medically appropriate and has meaningful
potential for preventive clinical benefit to the enrollee.
    Sec. 4. Application. This Act applies to an adverse health care treatment decision
made by a carrier, as defined in the Maine Revised Statutes, Title 24-A, section 4301-A,
subsection 3, on or after the effective date of this Act.
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