| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 24-A MRSA §2185-A is enacted to read: |
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| | | §2185-A.__Provider payments and controverted claims |
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| | | 1.__Definitions.__As used in this section, unless the context | | otherwise indicates, the following terms have the following | | meanings. |
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| | | A.__"Health care provider" has the same meaning as in | | section 2204, subsection 13. |
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| | | B.__"Insured" means a person covered for health care | | services provided to that person under an insurance policy, | | health maintenance organization plan or subscriber contract | | or certificate of a nonprofit hospital or medical service | | organization. |
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| | | C.__"Insurer" means an insurance company, health maintenance | | organization or nonprofit hospital or medical service | | organization authorized to issue health care policies, | | plans, contracts or certificates in this State. |
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| | | 2.__Provider payments.__Except as provided in subsection 3, an | | insurer shall pay a health care provider for health care services | | provided to an insured within 30 days of receipt by the insurer | | of a claim for the services from the health care provider or | | insured. |
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| | | 3.__Controverted claim.__If the insurer controverts a claim | | submitted by a health care provider or insured, the insurer shall | | notify the health care provider and insured in writing that the | | claim is controverted.__Health care services within the scope of | | the controverted claim provided to the insured by the health care | | provider after the provider receives the notice required by this | | subsection are not subject to the 30-day payment requirement of | | subsection 2. |
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| | | 4.__Expenses related to controverted claim.__If the insurer, a | | court or any other entity pursuant to agreement by the insurer | | and insured determines that the insurer is obligated to pay a | | controverted claim, the insurer shall pay in addition to the | | claim amount: |
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| | | A.__Legal expenses incurred by the insured in pursuit of | | payment of the controverted claim; and |
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| | | B.__Health care services expenses within the scope of the | | controverted claim provided to the insured by a health care |
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