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maintenance organization.__A health maintenance organization | may offer health plans that exceed the geographic | accessibility guidelines imposed by the superintendent by | Bureau of Insurance Rule Chapter 850 for specialty care and | hospital services, except for emergency hospital and hospital | maternity care, if the health maintenance organization offers | and actively markets health plans that otherwise meet the | standard geographic accessibility guidelines contained in | Bureau of Insurance Rule Chapter 850; |
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| | Sec. D-1. 24 MRSA c. 21, sub-c. 11 is enacted to read: |
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| LIMITS ON NONECONOMIC DAMAGES |
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| §2991.__Limits on noneconomic damages |
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| | 1.__Noneconomic damages defined.__For purposes of this | subchapter, "noneconomic damages" means subjective, nonpecuniary | damages arising from pain, suffering, inconvenience, physical | impairment, disfigurement, mental anguish, emotional stress, loss | of society and companionship, loss of consortium, injury to | reputation, humiliation, other nonpecuniary damages and any other | theory of damages such as fear of loss, illness or injury. |
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| | 2.__Limitation.__In an action for professional negligence as | defined in section 2502, an award of noneconomic damages to a | prevailing party may not exceed $250,000.__If the trial of the | action is by jury, the jury may not be informed of the damage | award limitation established in this section.__If the jury awards | total damages in excess of $250,000, the court shall direct the | jury to establish the portion of total damages awarded for | noneconomic damages. If the portion awarded for noneconomic | damages exceeds $250,000, the court shall reduce the award to | $250,000 unless the court orders a further reduction in | accordance with subsection 3. |
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| | 3.__Powers of court.__This section may not be construed to | eliminate or affect a court's powers of additur and remittitur | with regard to the award of all damages, except that the power of | additur is limited with regard to noneconomic damages to the | maximum amount established in subsection 2. |
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| | 4.__Application.__This section applies to all causes of action | in which a notice of claim is filed on or after the effective | date of this section. |
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