LD 768
pg. 3
Page 2 of 4 An Act To Improve the Administration of the Baxter Compensation Program Page 4 of 4
Download Bill Text
LR 1171
Item 1

 
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.

 
SUMMARY

 
This bill contains recommendations of the Baxter
Compensation Authority.

 
This bill requires the Baxter Compensation Authority to
include in its annual report to the Governor, the Attorney
General and the joint standing committee of the Legislature
having jurisdiction over judiciary matters information about
the administrative budget and the previous year's expenses.
Current law limits administrative expenses to 15% of the
Baxter Compensation Authority Other Special Revenue Fund
account per year. The fund balance, from which the 15% is
calculated, will necessarily decrease as the compensation
payments are made. This could have the effect of limiting the
ability of the authority to fulfill its obligation to
administer claims as they are submitted. This bill repeals
the 15% limitation because the annual reporting will allow
continuing oversight of the administrative budget.

 
This bill addresses confidentiality concerns of claimants
and their families. Current law states that once a claim is
submitted, the claim becomes a public record. This bill
provides that certain pieces of information become public and
allows public oversight of the program. The information that
becomes public is the claimant's name; the claimant's
eligibility for compensation; the amount of the compensation
award, if an award is made; and a summary of the compensation
panel's rationale for making the eligibility and award
determinations. All information supporting or corroborating
the claims remains confidential, although it may be released
to the Attorney General, the Governor and the chairs of the
joint standing committee of the Legislature having
jurisdiction over the Baxter Compensation Authority.


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