LD 1801
pg. 2
Page 1 of 3 An Act To Amend the Maine Insurance Guaranty Association Act Page 3 of 3
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LR 2693
Item 1

 
A.__Has paid covered claims in a reasonably timely manner
after the association has received information adequate to
determine that the claims are within the association's
obligations under this subchapter;

 
B.__Is unreasonably contesting claims that are within the
association's statutory payment obligations; and

 
C.__Has complied with reporting requirements established
pursuant to subsection 2.

 
2.__Annual reporting requirement.__Subject to the applicable
requirements of the Maine Administrative Procedure Act, the
superintendent shall establish by rule an annual reporting
requirement for the association with respect to the association's
payment of workers' compensation claims and the termination of
payments.

 
3.__Cooperation.__The association shall cooperate fully with
the board and provide the information required by the rules
established by the superintendent.

 
4.__Confidentiality.__Audit working papers are confidential
and may not be disclosed to any person outside of the board
except the association.__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 of the association under this section, including all
intra-agency and interagency communications relating to an audit
and draft reports or any portion of a draft report.__The final
draft report, including the underlying reconciled information, is
not confidential.

 
5.__Opportunity for hearing.__Prior to issuing a final audit
report under this section, the board shall provide the
association an opportunity for a hearing, at which the
association may respond to the board's findings.

 
6.__Regulatory penalty.__If as a result of an audit and
subsequent hearing pursuant to subsection 5 the board determines
that the association has engaged in a pattern of questionable
claims-handling techniques or unreasonably contesting claims, the
board shall certify its determination to the superintendent, who
shall take appropriate action to halt that practice.__The
superintendent has sole authority to impose any regulatory
penalty.

 
7.__Rulemaking.__Rules adopted pursuant to this section are


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