(1)__The site must include a search feature allowing users to obtain information on specific issues of interest.

(2)__The site must protect information that is personal or confidential.

G.__In lieu of the appeal procedure provided in this subsection, the parties may choose arbitration by a qualified arbitrator or panel of arbitrators as provided in this paragraph.__By January 1, 2004, the department shall adopt rules to implement this paragraph that are consistent with federal law and regulation.__Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

(1)__The arbitrator or panel of arbitrators must be selected and compensated as agreed by the parties.

(2)__Arbitration under this paragraph is available only when the amount in controversy is $10,000 or less and the subject matter in controversy is assessments, recovery or recoupment orders, sanctions or administrative fines.

(3)__A provider choosing arbitration under this paragraph may waive any right of appeal.

H.__In an administrative appeal of an informal review decision under this subsection, the department bears the burden of proving a violation of law or rule by a preponderance of the evidence.__If the department proves that records of goods or services are defective, the department may impose the sanction of total recoupment only when the provider has failed to demonstrate by a preponderance of the evidence that the disputed goods or services were actually provided to eligible MaineCare members.

The department shall provide funding for contractual services under this subsection from within existing resources.

Sec. 3. 22 MRSA §48 is enacted to read: