CHAPTER 352
S.P. 263 - L.D. 768
An Act To Improve the Administration of the Baxter Compensation Program
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the compensation panel of the Baxter Compensation Program has begun processing claims for compensation for persons abused while students at the Governor Baxter School for the Deaf or the Maine School for the Deaf; and
Whereas, the current law could be read to require the release to the public of the details of the abuse that each claimant suffered; and
Whereas, keeping the details of abuse confidential is seen as necessary for some survivors of the abuse to come forward and is important in continuing the healing process without jeopardizing the health and welfare of the deaf community; 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. 5 MRSA §22002, sub-§6, ¶H, as enacted by PL 2001, c. 439, Pt. T, §5, is amended to read:
H. The authority shall submit an annual written report by January 15th of each year to the Governor, the Attorney General and the joint stand-ing committee of the Legislature having jurisdiction over judiciary matters. The report must include information on the following:
(1) The activities of the authority within the last 12 months;
(2) The number of employees and volunteers and their responsibilities;
(3) Data pertaining to the following:
(a) Requests for information;
(b) Applications filed;
(c) Claims submitted to the compensation panel;
(d) Decisions made by the compensation panel, and the nature of the decisions;
(e) Decisions appealed to the appeal board, and the grounds for and outcomes of the appeals;
(f) Claims pending completion prior to being submitted to the compensation panel;
(g) Claims pending decision by the compensation panel;
(h) Claims pending resolution by the appeal board; and
(i) Awards made and paid;
(4) Amount of compensation paid;
(5) Any other information that would help to evaluate the performance of the program; and
(6) Any recommended legislation the authority determines is necessary to carry out its duties.; and
(7) A detailed account of the administrative budget and the previous year's expenditures.
Sec. 2. 5 MRSA §22002, sub-§8, as enacted by PL 2001, c. 439, Pt. T, §5, is amended to read:
8. Use of trust fund. The authority may use up to 15% $407,000 of the trust fund for administrative expenses in each fiscal year, except that the total amount of the trust fund that may be used for administrative expenses for the duration of the program may not exceed $1,500,000.
Sec. 3. 5 MRSA §22009, sub-§2, as enacted by PL 2001, c. 439, Pt. T, §5, is amended to read:
2. Confidential. All information provided by a claimant or a claimant's family is confidential until the claim is submitted to the compensation panel. Once the claim is submitted to the compensation panel, the claim following information is a public record.:
A. The claimant's name;
B. The claimant's eligibility for compensation;
C. The amount of the compensation award, if any; and
D. A summary of the compensation panel's rationale in deciding eligibility and the compensation award amount.
All other information supporting or corroborating the claim continues to be confidential and may be released by the authority to only the Attorney General, the Governor and the chairs of the joint standing committee of the Legislature having jurisdiction over the authority. The information remains confidential and the Attorney General, the Governor and chairs of the committee may not release it.
Sec. 4. 5 MRSA §22025, sub-§§4 and 5, as enacted by PL 2001, c. 439, Pt. T, §5, are repealed and the following enacted in their place:
4. Appeal on record and appeal documents. In considering an appeal, the appeal board, except as otherwise provided in this section, shall consider only the record of the proceedings before the compensation panel, including any documents or testimony presented to the panel. The appeal board may also consider any oral or written arguments that the claimant may wish to make in support of the claim.
5. Standard of review. The appeal board may either affirm or increase a compensation award of the compensation panel, but may not reduce an award. The appeal board may overrule a decision of the compensation panel only if the appeal board determines the decision of the compensation panel is arbitrary and capricious, inconsistent with the statute or inconsistent with the policies adopted by the authority.
Sec. 5. 5 MRSA §22025, sub-§5-A is enacted to read:
5-A. New information. If a claimant wishes to offer on appeal new information not presented to the compensation panel, the appeal board shall determine whether the new information is appropriate for consideration in connection with the claim. If the appeal board determines that the new information is appropriate for consideration, it shall return the matter to the compensation panel and order that the compensation panel reconsider the claim in light of the new information.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 30, 2003.
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