LD 1636
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Page 1 of 6 An Act To Make Additional Supplemental Appropriations and Allocations for the E... Page 3 of 6
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LR 2199
Item 1

 
this section. If any payment made in accordance with this
subsection is subsequently determined to be subject to
recoupment, the State shall reimburse hospitals for all such
recoupment costs paid by a hospital. In the event that federal
financial participation is denied in any payments resulting from
adjustments made pursuant to this subsection, the State may not
recoup any such payments from the hospitals to which they were
made.

 
Sec. A-2. PL 2003, c. 451, Pt. Z, §1, sub-§§1, 2, 3 and 5 are amended to read:

 
1. The Chancellor of the University of Maine System, referred
to in this section as "the chancellor," and any insurance company
or 3rd-party administrator acting at the direction of the State,
referred to in this section as "the carrier," insuring or
administering the University of Maine System health plan for
employees and retirees, referred to in this section as "the
plan," shall negotiate agreements with hospitals participating in
the carrier's provider network to reduce the expense incurred by
the plan in state fiscal year 2003-04 by the amount of $2,250,000
and in state fiscal year 2004-05 by the amount of $2,250,000. It
is not the intent of the Legislature to require negotiations to
reduce such expenses beyond state fiscal year 2005. In
undertaking such negotiations, the carrier is deemed at all times
to be the agent of the State of Maine and the University of Maine
System. The chancellor and the carrier, acting at the direction
of the State, may offer or demand negotiate such terms and
conditions as the chancellor considers to be in the best interest
of the university to reduce the expense of the plan, including,
but not limited to, offering or demanding negotiating reductions
in standard hospital reimbursement rates, rebates and refunds and
uniform terms relating to such reductions, rebates or refunds.
The chancellor may not affect or seek to affect amounts paid to
hospitals relating to any other customer of the carrier. The
hospital discount rate resulting from this specific arrangement
is not intended to affect the underlying premium rates for any
purpose. This pooling of funds by the State is not intended to
affect plan cost recoveries, plan cost structures or the
university's ability to negotiate with carriers regarding the
plan.

 
2. The Commissioner of Human Services shall implement
appropriate normalizing adjustments, no less than annually, to
the public revenue component and the annual periodic interim
payments of each hospital under subsection 1, consistent with the
requirements of Title XIX of the federal Social Security Act, to
offset the impact of any plan-related revenue reduction under
this section. If any payment made in accordance with this
subsection is subsequently determined to be subject to


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