An Act To Improve the Administration of the Baxter Compensation Program
Maine Legislature, Session 121, LD 0768
Committee: Judiciary
Sponsors: TREAT, BULL, BRENNAN, CATHCART, EDMONDS, TURNER, WOODCOCK, BOWLES, NORBERT
Amends: 5 MRSA §22002, 5 MRSA §22009, 5 MRSA §22025

Legislative Document 
No. 768 
S.P.263 
In Senate, February 18,2003 
An Act To Improve the Administration of the Baxter Compensation 
Program 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator TREAT of Kennebec. 
Cosponsored by Representative BULL of Freeport and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BRENNAN of Cumberland, CATHCART of Penobscot, EDMONDS of 
Cumberland, TURNER of Cumberland, WOODCOCK of Franklin, Representatives: 
BOWLES of Sanford, McKEE of Wayne, NORBERT of Portland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §22002~ sub-§6~ 'H~ as enacted by PL 20'0'1. c. 
439, Pt. T, §5, is amended to read: 
10' 
20' 
30' 
50' 
H. 
The authority shall submit an annual written report by 
January 15th of each year to the Governor, 
the Attorney 
General and the joint standing committee of the Legislature 
having jurisdiction over judiciary matters. 
The report must 
include information on the following: 
(1) 
The activities of the authority within the last 12 
months; 
(2) 
The number of employees and volunteers and their 
responsibilities; 
(3) 
Data pertaining to the following: 
(a) 
Requests for information; 
(b) 
Applications filed; 
(c) 
Claims submitted to the compensation panel; 
(d) 
Decisions made by the compensation panelT and 
the nature of the decisions; 
(e) 
Decisions appealed to the appeal boardT and 
the grounds for and outcomes of the appeals; 
(f) 
Claims 
pending 
completion prior 
to 
being 
submitted to the compensation panel; 
(g) 
Claims pending decision by the compensation 
panel; 
(h) 
Claims 
pending 
resolution 
by 
the 
appeal 
board; and 
(i) 
Awards made and paid; 
(4) 
Amount of compensation paid; 
(5) 
Any other information that would help to evaluate 
the performance of the program; aRe 
(6) 
Any 
recommended 
legislation 
the 
authority 
determines is necessary to carry out its: duties ... ; and 
Page l-LRl171( 1) 
(7) 
A detailed account of the administrative budget 
and the previous year's expenditures. 
Sec. 2. 5 MRSA §22002~ sub-§8, as enacted by PL 2001, c. 439,· 
Pt. T, §5, is repealed. 
Sec. 3. 5 MRSA §22009, sub-§2. as enacted by PL 2001, c. 439, 
Pt. T, §5, is amended to read: 
2. 
Confidential. 
All information provided by a claimant or 
a claimant's family is confidential until the claim is submitted 
to the compensation panel. 
Once the claim is submitted to the 
compensation panel, the e;l,aim following information is a public 
record ... .!. 
A. 
The claimant's name; 
B. 
The claimant's eligibility for compensation; 
C. 
The amount of the compensation award, if any; and 
D. 
A 
summary of 
the 
compensation panel's rationale in 
deciding eligibility and the compensation award amount. 
All 
other 
information 
supporting 
or 
corroborating 
the 
claim 
continues to be confidential and may be released by the authority 
to only the Attorney General, the Governor and the chairs of the 
joint standing committee of the Legislature having jurisdiction 
over the authority. 
The information remains confidential and the 
Attorney General, the Governor and chairs of the committee may 
not release it. 
Sec. 4. 5 MRSA §22025. sub-§§4 and 5. as enacted by PL 2001, c· 
439, Pt. T, §5, are repealed and the following enacted in their 
place: 
4. 
Appeal on record and appeal documents. 
In considering 
an appeal, the appeal board, except as otherwise provided in this 
section, shall consider only the record of the proceedings before 
the 
compensation panel, 
including any 
documents 
or 
testimony 
presented to the panel. 
The appeal board may also consider any 
oral or written arguments that the claimant may wish to make in 
support of the claim. 
5. 
Standard of review. 
The appeal board may either affirm 
or increase a compensation award of the compensation panel, but 
may 
not 
reduce 
an 
award. 
The 
appeal 
board 
may 
overrule 
a 
decision of the compensation panel only if the appeal 
board 
determines the decision of the compensation panel is arbitrary 
and capricious, 
inconsistent with the statute or inconsistent 
with the policies adopted by the authority. 
Sec. 5. 5 MRSA §22025. sub-§5-A is enacted to read: 
5-A. 
New information_ 
If a claimant wishes to offer on 
appeal new information not presented to the compensation panel, 
the appeal board shall determine whether the new information i::; 
appropriate for consideration in connection with the claim. 
If 
the 
appeal 
board 
determines 
that 
the 
new 
information 
is 
appropriate for consideration, it shall return the matter to the 
compensation 
panel 
and 
order 
that 
the 
compensation 
panel 
reconsider the claim in light of the new information. 
This 
bill 
contains 
Compensation Authority. 
SUMMARY 
recommendations 
of 
the 
Baxter 
This bill requires 
the 
Baxter 
Compensation Authority to 
include in its annual 
report to 
the 
Governor, 
the 
Attorney 
General 
and the joint standing committee of 
the Legislature 
having jurisdiction over judiciary matters information about the 
administrative budget and the previous year's expenses. 
Current 
law-
limits 
administrative 
expenses 
to 
15°-0 
of 
the 
Baxter 
Compensation Authority Other Special Revenue 
Fund account per 
year. 
The fund balance, from which the 15""0 is calculated, will 
necessarily decrease as the compensation payments are made. 
This 
could have the effect of limiting the ability of the authority to 
fulfill 
its 
obligation 
to 
administer 
claims 
as 
they 
are 
submitted. 
This bill repeals the 
15% limitation because the 
annual 
reporting 
will 
allow 
continuing 
oversight 
of 
the 
administrative budget. 
This bill addresses confidentiality concerns of claimants 
and their families. 
Current law states that once a claim is 
submitted, the claim becomes a public record. 
This bill provides 
that certain pieces of 
information become 
public 
and 
allows 
public oversight of the program. 
The information that becomes 
public is the claimant's name; 
the claimant's eligibility for 
compensation; the amount of the compensation award, if an award 
is made; and a summary of the compensation panel's rationale for 
making the eligibility and award determinations. 
All information 
supporting or 
corroborating the 
claims 
remains 
confidential, 
although it may be released to the Attorney General, the Governor 
and the chairs of the joint standing committee of the Legislature 
having jurisdiction over the Baxter Compensation Authority. 
This bill also addresses the appeal process. 
It allows the 
appeal board to affirm or increase a 
compensation award, 
but 
prohibits a reduction in the amount awarded by the compensation 
panel. 
The 
appeal 
board may 
consider 
records 
and 
testimony 
presented to the compensation panel. 
It may also accept oral and 
written arguments from the claimant in support of the claim. 
If 
the claimant wants to present new information on appeal, 
the 
appeal 
board will 
make 
a 
determination 
on 
whether 
the 
new 
information is appropriate to be considered in connection with 
the claim. 
If so, then the appeal board must return the claim to 
the 
compensation panel 
and 
order 
the 
compensation 
panel 
to 
reconsider the decision in light of the new information.