PUBLIC LAWS
First Special Session of the 122nd

CHAPTER 122
H.P. 1035 - L.D. 1472

An Act To Amend the Laws Governing the Rural Medical Access Program

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 24-A MRSA §6303, sub-§3, as enacted by PL 1989, c. 931, §5, is amended to read:

     3. Self-insured. "Self-insured" means any physician, hospital or physician's employer insured against the physician's professional negligence or the hospital's professional liability through any entity other than an insurer as defined in subsection 1. For purposes of this chapter, a physician, hospital or physician's employer that does not purchase insurance is considered self-insured.

     Sec. 2. 24-A MRSA §6304, first ¶, as enacted by PL 1989, c. 931, §5, is amended to read:

     To provide funds for the Rural Medical Access Program, insurers may collect pursuant to this chapter assessments from physicians, licensed and practicing medicine in this State and hospitals and physician's employers located in the State.

     Sec. 3. 24-A MRSA §6304, sub-§4, as amended by PL 1993, c. 600, Pt. B, §§21 and 22 and PL 2003, c. 689, Pt. B, §6, is further amended to read:

     4. Determination of assessments paid. After review of the records provided by the Board of Licensure in Medicine, the Board of Osteopathic Licensure and the Department of Health and Human Services, Division of Licensure and Certification, and the assessment receipts of the malpractice insurers, the superintendent shall certify determine those physicians, hospitals and physicians' physician's employers that have paid the required assessments.

     Sec. 4. 24-A MRSA §6305, sub-§1, ¶C, as enacted by PL 1989, c. 931, §5, is amended to read:

C. The amount of the assessment for policy years beginning on or after July 1, 1991, is 50% of the amount of the savings determined under paragraph A, but not exceeding $500,000. This paragraph is repealed June 30, 2006.

     Sec. 5. 24-A MRSA §6305, sub-§1, ¶D, as enacted by PL 1989, c. 931, §5, is repealed.

     Sec. 6. 24-A MRSA §6305, sub-§2, as amended by PL 1999, c. 668, §113, is repealed.

     Sec. 7. 24-A MRSA §6305, sub-§3 is enacted to read:

     3. Assessment rates; program fund balance. For assessment years prior to July 1, 2006, the assessment is 1.25% of premium. For assessment years commencing July 1, 2006 and after, the assessment is .75% of premium unless adjusted pursuant to this subsection. The assessment rate is intended to result in collections no greater than $500,000 per assessment year. When the program fund balance is $50,000 or less, the assessment rate must increase to 1% of premium. When the program fund balance is more than $50,000, the assessment rate must decrease to .75% of premium. The superintendent shall notify affected parties of any assessment rate adjustment and the effective date of that adjustment.

The program fund balance may be used to pay assistance to qualified eligible physicians in prior years for which there were insufficient funds. If all prior years' eligible qualified physicians have received assistance, any excess funds must be carried forward to subsequent plan years as part of the program fund balance. Excess funds must be applied first to the assessment year commencing July 1, 1998 and then to each successive assessment year.
For the purposes of this section, "program fund balance" means the total funds collected in excess of assistance paid for all years.

     Sec. 8. 24-A MRSA §6306, as enacted by PL 1989, c. 931, §5, is amended to read:

§6306. Funds held by insurers

     Insurers may shall invest assessments collected subject to chapter 13. Interest earned on investments must be credited to the Rural Medical Access Program.

     Sec. 9. 24-A MRSA §6308, sub-§2, as amended by PL 1991, c. 734, §5 and PL 2003, c. 689, Pt. B, §7, is further amended to read:

     2. Determination of participants in the program. The superintendent shall apply the standards of prioritization adopted by the Commissioner of Health and Human Services to determine the physicians who are eligible for the program. The funding available for each qualified physician is the amount equal to the difference between the physician's medical malpractice insurance premiums with obstetrical care coverage and the physician's premiums without obstetrical care coverage; however, the funding must be at least $5,000 but may not be more than $10,000 $15,000 as determined by the superintendent. Program payments must be made to the individual or entity paying the medical malpractice premium for the qualified physician.

Effective September 17, 2005.

About the 1st Regular & 1st Special Session Laws Of Maine

Contact the Office of the Revisor of Statutes