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A.__Has paid covered claims in a reasonably timely manner | | after the association has received information adequate to | | determine that the claims are within the association's | | obligations under this subchapter; |
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| | | B.__Is unreasonably contesting claims that are within the | | association's statutory payment obligations; and |
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| | | C.__Has complied with reporting requirements established | | pursuant to subsection 2. |
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| | | 2.__Annual reporting requirement.__Subject to the applicable | | requirements of the Maine Administrative Procedure Act, the | | superintendent shall establish by rule an annual reporting | | requirement for the association with respect to the association's | | payment of workers' compensation claims and the termination of | | payments. |
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| | | 3.__Cooperation.__The association shall cooperate fully with | | the board and provide the information required by the rules | | established by the superintendent. |
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| | | 4.__Confidentiality.__Audit working papers are confidential | | and may not be disclosed to any person outside of the board | | except the association.__For purposes of this subsection, "audit | | working papers" means all documentary and other information | | acquired, prepared or maintained by the board during the conduct | | of an audit of the association under this section, including all | | intra-agency and interagency communications relating to an audit | | and draft reports or any portion of a draft report.__The final | | draft report, including the underlying reconciled information, is | | not confidential. |
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| | | 5.__Opportunity for hearing.__Prior to issuing a final audit | | report under this section, the board shall provide the | | association an opportunity for a hearing, at which the | | association may respond to the board's findings. |
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| | | 6.__Regulatory penalty.__If as a result of an audit and | | subsequent hearing pursuant to subsection 5 the board determines | | that the association has engaged in a pattern of questionable | | claims-handling techniques or unreasonably contesting claims, the | | board shall certify its determination to the superintendent, who | | shall take appropriate action to halt that practice.__The | | superintendent has sole authority to impose any regulatory | | penalty. |
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| | | 7.__Rulemaking.__Rules adopted pursuant to this section are |
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