CHAPTER 393
S.P. 198 - L.D. 670
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 39-A MRSA §154, sub-§6, as amended by PL 1999, c. 359, §1, is further amended to read:
6. Assessment levied. The assessments levied under this section may not be designed to produce more than $6,000,000 in revenues annually beginning in the 1995-96 fiscal year, more than $6,600,000 annually beginning in the 1997-98 fiscal year or more than $6,735,000 beginning in the 1999-00 fiscal year, except that in the 2001-02 fiscal year the assessment may not be designed to produce more than $7,035,000. Assessments collected that exceed $6,000,000 beginning in the 1995-96 fiscal year, $6,600,000 beginning in the 1997-98 fiscal year or $6,735,000 beginning in the 1999-00 fiscal year or $7,035,000 in fiscal year 2001-02 by a margin of more than 10% must be refunded to those who paid the assessment. Any amount collected above the board's allocated budget and within the 10% margin must be used to create a reserve of up to 1/4 of the board's annual budget. Any collected amounts or savings above the allowed reserve must be used to reduce the assessment for the following fiscal year. The board shall determine the assessments prior to May 1st and shall assess each insurance company or association and self-insured employer its pro rata share for expenditures during the fiscal year beginning July 1st. Each self-insured employer shall pay the assessment on or before June 1st. Each insurance company or association shall pay the assessment in accordance with subsection 3.
Sec. 2. Authorization to use reserve funds. The Workers' Compensation Board is authorized to spend up to $40,000 from the reserve account created pursuant to the Maine Revised Statutes, Title 39-A, section 154, subsection 6. The funds must be used to improve technology used in the audit, enforcement and monitoring program created pursuant to Title 39-A, section 153, subsection 9 and section 359. This is a one-time authorization and does not apply to any ongoing use of the reserve account for technology.
Sec. 3. Board to submit plan. The Workers' Compensation Board shall submit to the Joint Standing Committee on Labor before January 1, 2002 a written plan to improve implementation of the Maine Revised Statutes, Title 39-A, section 359, including the auditing of claims to identify and penalize questionable claims-handling practices and repeated unreasonable contesting of claims by insurers, self-insurers and 3rd-party administrators.
Sec. 4. Allocation. The following funds are allocated from Other Special Revenue funds to carry out the purposes of this Act.
2001-02
WORKERS' COMPENSATION BOARD
Administration - Workers' Compensation Board
All Other $340,000
Allocates funds to allow the board to contract for temporary worker advocate and clerical support services for the worker advocate activity in the regional offices. Also allocates funds from the reserve account to improve technology used in the audit, enforcement and monitoring program.
Effective September 21, 2001, unless otherwise indicated.
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