An Act To Amend the Labor Laws as They Relate to Payment for Required Medical Examinations

Sec. 1. 26 MRSA §592,  as amended by PL 1989, c. 535, is further amended to read:

§ 592. Charge by employer prohibited

No employer may require any employee or accepted applicant for employment to bear the medical expense of an examination when that examination is ordered or required by the employer. No employer may require any employee or accepted applicant for employment to bear the expense of an eye examination ordered or required by the employer which that is performed by a person licensed to perform the examinations, except that if an employer orders or requires the eye examination to be performed by a specific type of eye care provider, or specific provider, the employer must pay for the examination only when performed by that specific type of eye care provider or specific provider. An employer may pay for an examination under this section directly , or through group health insurance coverage of the employee 100% of the cost of which is paid by the employer or otherwise may pay in another manner, as long as the employee is not ultimately required to bear the expense of that examination. Any employer who violates this section commits a civil violation for which a forfeiture not to exceed $50 for each and every violation may be adjudged. It is the duty of the director to enforce this section. Notwithstanding section 591, subsection 2, for the purposes of this section, the term "employer" includes the State, a county, a municipality, a quasi-municipal corporation or any other public employer. For the purposes of this section, the term "accepted applicant" means an applicant who has been offered a job by the employer.

summary

Current law provides that an employer may not require an employee or accepted applicant for employment to bear the medical expense of an examination when that examination is ordered or required by the employer. It also provides that an employer may pay for such an examination through group health insurance coverage of the employee. This bill provides that an employer may pay for such an examination through group health insurance coverage of the employee only if the employer pays 100% of the cost of that coverage.