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An Act Regarding the Maine Insurance Guaranty Association
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 24-A MRSA §4438, sub-§1, ¶A,  as amended by PL 2001, c. 478, §8 and affected by §11, is further amended to read: 
 
A .  Be obligated to pay covered claims existing prior to the determination of the insolvency or arising within 30 days after the determination of insolvency, or before the policy expiration date if less than 30 days after the determination of insolvency, or before the insured replaces the policy or causes its cancellation, if within 30 days of the determination. The obligation must be satisfied by paying to the claimant:
 
(1) Except as provided in this paragraph, the full amount of a covered claim for benefits, including interest and penalties, or unearned premium under workers’ compensation insurance coverage;
 
(2) An amount not exceeding $25,000 per policy for a covered claim for the return of an unearned premium; or
 
(3) An amount not exceeding $300,000 per claim for all other covered claims.
 
In no event is the association obligated to pay a claimant an amount in excess of the obligation of the insolvent insurer under the policy or coverage from which the claim arises. The association shall pay only that amount of unearned premium in excess of $50. Notwithstanding any other provisions of this subchapter, a covered claim does not include any claim filed with the association after the earlier of 24 months after the date of the order of liquidation or the final date set by the court for the filing of claims against the liquidator or receiver of an insolvent insurer. The association, in its discretion, may accept a late filed claim as a covered claim when the claimant demonstrates good cause. The demonstration of good cause by a claimant includes showing that the existence of the claim was not known to the claimant prior to the bar date and that the claimant filed the claim within 60 days of learning of the claim;
Sec. 2. 24-A MRSA §4445,  as amended by PL 1973, c. 585, §12, is further amended by adding at the end a new paragraph to read: 
The association is also subject to audit, enforcement and monitoring by the Workers’ Compensation Board with respect to workers’ compensation claims as provided for in the Maine Workers’ Compensation Act of 1992. Notwithstanding any other provision of law, the association is liable for the payment of any compensation, interest, penalty or other obligation determined to be due by the Workers’ Compensation Board as provided for in the Maine Workers’ Compensation Act of 1992.
Sec. 3. 39-A MRSA §153, sub-§9,  as amended by PL 1999, c. 354, §2, is further amended to read: 
 
9 .  Audit and enforcement.    The executive director shall establish an audit, enforcement and monitoring program by July 1, 1998, to ensure that all obligations under this Act are met, including the requirements of section 359. The functions of the audit and enforcement program include, but are not limited to, auditing timeliness of payments and claims handling practices of insurers, self-insurers, the Maine Insurance Guaranty Association and 3rd-party administrators; determining whether insurers, self-insurers, the Maine Insurance Guaranty Association and 3rd-party administrators are unreasonably contesting claims; and ensuring that all reporting requirements to the board are met. When auditing the Maine Insurance Guaranty Association, the program shall consider when the Maine Insurance Guaranty Association obtained the records of an insolvent insurer. The program must be coordinated with the abuse investigation unit established by section 153, subsection 5 as appropriate. The program must monitor activity and conduct audits pursuant to a schedule developed by the deputy director of benefits administration. Audit working papers are confidential and may not be disclosed to any person outside of the board except the audited entity. 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 or investigation, including all intra-agency and interagency communications relating to an audit or investigation and draft reports or any portion of a draft report. The final audit report, including the underlying reconciled information, is not confidential. At the end of each calendar quarter, the executive director shall prepare a compliance report summarizing the results of the audits and reviews conducted pursuant to this subsection. The executive director shall submit the quarterly compliance reports to the board, the Bureau of Insurance and the Director of the Bureau of Labor Standards within the Department of Labor. An annual summary must be provided to the Governor and to the joint standing committees of the Legislature having jurisdiction over labor and banking and insurance matters by February 15th of each year. The quarterly compliance reports and the annual summaries must be made available to the public following distribution. 
Sec. 4. 39-A MRSA §359, sub-§1,  as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read: 
 
1 .  Audits.    The board shall audit claims, including insurer, self-insurer, Maine Insurance Guaranty Association and 3rd-party administrator claim files, on an ongoing basis to determine whether insurers, self-insured employers, the Maine Insurance Guaranty Association and 3rd-party administrators have met their obligations under this Act and to identify the disputes that arose, the reasons for the disputes, the method and manner of their resolution, the costs incurred, the reasons for attorney involvement and the services rendered by the attorneys. 
 
If as a result of an examination and after providing the opportunity for a hearing the board determines that any compensation, interest, penalty or other obligation is due and unpaid to an employee, dependent or service provider, the board shall issue a notice of assessment detailing the amounts due and unpaid in each case and shall order the amounts paid to the unpaid party or parties.
Sec. 5. 39-A MRSA §359, sub-§2,  as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read: 
 
2 .  Penalty.    In addition to any other penalty assessment permitted under this Act, the board may assess civil penalties not to exceed $10,000 upon finding, after hearing, that an employer, an insurer, the Maine Insurance Guaranty Association or a 3rd-party administrator for an employer has engaged in a pattern of questionable claims-handling techniques or repeated unreasonably contested claims. The board shall certify its findings to the Superintendent of Insurance, who shall take appropriate action so as to bring any such practices to a halt. This certification by the board is exempt from the provisions of the Maine Administrative Procedure Act. 
 
SUMMARY
This bill specifically provides that the Workers’ Compensation Board may engage in audit, enforcement and monitoring of the Maine Insurance Guaranty Association and the Maine Insurance Guaranty Association’s existing obligation to pay interest and penalties determined to be due pursuant to the Maine Workers’ Compensation Act of 1992. This bill also establishes that the board, when auditing the Maine Insurance Guaranty Association, shall consider when the Maine Insurance Guaranty Association obtained the records of an insolvent insurer.