LD 1619
pg. 1
LD 1619 Title Page An Act to Create a Patients' Bill of Rights Page 2 of 11
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LR 251
Item 1

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

 
Sec. 1. 24 MRSA §2332-G, as reallocated by RR 1995, c. 2, §49 and
affected by §50, is repealed.

 
Sec. 2. 24-A MRSA §2847-F, as reallocated by PL 1997, c. 370, Pt. H,
§1, is repealed.

 
Sec. 3. 24-A MRSA §4241, as enacted by PL 1995, c. 617, §5 and
affected by §6, is repealed.

 
Sec. 4. 24-A MRSA §4301, sub-§§2-A, 4-A, 4-B, 5-A and 7 are enacted to read:

 
2-A.__Health care treatment decision.__"Health care treatment
decision" means a determination made when medical services are
provided by a health plan or a decision that affects the quality
of__the diagnosis, care or treatment provided to an enrollee of a
health plan.

 
4-A.__Medically appropriate care.__"Medically appropriate
care" means care that meets the standard for care for health care
services as determined by health care providers in accordance
with the prevailing practices and standards of the medical
profession and community.

 
4-B.__Ordinary care.__"Ordinary care" means, in the case of a
carrier, the degree of care that a carrier of ordinary prudence
would use under the same or similar circumstances.__For a person
who is an employee, agent, ostensible agent or representative of
a carrier, "ordinary care" means the degree of care that a person
of ordinary prudence in the same profession, specialty or area of
practice would use in the same or similar circumstances.

 
5-A.__Peer-reviewed medical literature.__"Peer-reviewed
medical literature" means scientific studies published in at
least 2 articles from major peer-reviewed medical journals that
present data that support the proposed use of drug or device as
generally safe and effective.

 
7. Standard reference compendia.__"Standard reference
compendia" means:

 
A.__The United States Pharmacopeia Drug Information or
information published by its successor organization; or

 
B.__The American Hospital Formulary Service Drug Information
or information published by its successor organization.


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