Sec. 1. 39-A MRSA §153, sub-§5, ķA-1 is enacted to read:

A-1.__The board shall appoint one permanent hearing officer to the abuse investigation unit to hear complaints or allegations brought under section 360 of willful violations of this Act, fraud or intentional misrepresentation.

Sec. 2. 39-A MRSA §205, sub-§6, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:

6. Interest. When weekly compensation is paid pursuant to an award, interest on the compensation must be paid at the rate of 10% 15% per annum from the date each payment was due, until paid.

Sec. 3. 39-A MRSA §360, sub-§2, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:

2. General authority. The board may assess, after hearing, a civil penalty in an amount not to exceed $1,000 $1,500 for an individual and $10,000 $15,000 for a corporation, partnership or other legal entity for any willful violation of this Act, fraud or intentional misrepresentation. The board may also require that person to repay any compensation received through a violation of this Act, fraud or intentional misrepresentation or to pay any compensation withheld through a violation of this Act, fraud or misrepresentation, with interest at the rate of 10% per year.

Sec. 4. Review by Department of the Attorney General. The Department of the Attorney General shall conduct a review of the insurers in the State writing workers' compensation insurance to determine compliance with the Maine Revised Statutes, Title 39-A, section 205, subsection 6 requiring that insurers pay interest on weekly compensation that is paid pursuant to an award. In furtherance of Title 39-A, section 153, subsection 5, paragraph E the Department of the Attorney General shall work in concert with the abuse investigation unit of the Workers' Compensation Board to identify insurance companies that willfully fail to comply with the requirements of Title 39-A and the rules adopted thereunder. Upon completion of its review, the Attorney General shall initiate any appropriate action, including civil actions for recovery of funds or criminal prosecution.

SUMMARY

This bill accomplishes the following: