Whereas, this legislation is immediately necessary to ensure that health maintenance organizations and employers are able to vary particular coverages and copayment requirements to respond to particular needs and market factors; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

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

Sec. 1. 24-A MRSA §4202-A, sub-§1, as enacted by PL 1991, c. 709, §2, is amended to read:

1. Basic health care services. "Basic health care services" means health care services that an enrolled population might reasonably require in order to be maintained in good health, including includes, at a minimum, emergency care, inpatient hospital care, inpatient-outpatient inpatient physician services, outpatient physician services, x-ray services and, laboratory services and all statutorily mandated benefits and benefits mandated by rule applicable to health maintenance organizations. The Bureau of Insurance may adopt rules defining "basic health care services" to be provided by health maintenance organizations.__In adopting any such rules, the Bureau of Insurance shall consider the coverages that have traditionally been provided by health maintenance organizations, the need for flexibility in the marketplace and the importance of providing multiple options to employers and consumers.__Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A.

Sec. 2. 24-A MRSA §4204, sub-§2-A, ļO is enacted to read:

O.__Each health maintenance organization shall provide basic health care services.__The Bureau of Insurance may not require that all health benefit plans offered by health maintenance organizations meet or exceed the requirements of standard or basic health plans specified in the Bureau of Insurance Rule, Chapter 750.__Health maintenance organizations may vary the coverages set forth in particular health benefit plans and the copayments and related limitations governing number of visits and dollar copayments, so long as each such health benefit plan