Resolve, Establishing the Commission To Study Medical Expenses Under the Maine Workers' Compensation Act of 1992
Maine Legislature, Session 122, LD 0996
Committee: Labor
Sponsors: PLOWMAN, ANDREWS, COURTNEY, MILLS, FAIRCLOTH, TARDY

Legislative Document 
No. 996 
S.P.336 
In Senate, February 24, 2005 
Resolve, Establishing the Commission To Study Medical Expenses 
Under the Maine Workers' Compensation Act of 1992 
(EMERGENCY) 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator PLOWMAN of Penobscot. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: ANDREWS of York, COURTNEY of York, MILLS of Somerset, 
Representatives: FAIRCLOTH of Bangor, MILLS of Farmington, TARDY of Newport. 
Printed on recycled paper 
Emergency preamble. 
Whereas, acts 
and 
Legislature 
do 
not 
become 
effective 
until 
adjournment unless enacted as emergencies; and 
resolves 
of 
the 
days 
after 
Whereas. this 
resolve 
Medical Expenses Under the 
1992; and 
creates 
the 
Commission 
to 
Study 
Maine Workers' 
Compensation Act of 
Whereas, 
the 
study must 
be initiated before 
the 
90-day 
period expires in order that the study may be completed and a 
report submitted in time for submission to the next legislative 
session; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, heal th and 
safety; now, therefore, be it 
Sec. 1. Commission established. Resolved: 
That the Commission 
to Study Medical Expenses Under the Maine Workers' Compensation 
Act of 1992, referred to in this resolve as "the commission," is 
established; and be it further 
Sec. 2. Commission membership. Resolved: 
That the commission 
consists of 5 members appointed as follows: 
1. 
One member of the Senate, appointed by the President of 
the Senate; 
2. 
One member of the House of Representatives, appointed by 
the Speaker of the House; 
3. 
One member representing business and industry, appointed 
by the Governor; 
4. 
One member representing organized labor, appointed by 
the Governor; and 
5. 
One 
member 
representing 
the 
health 
care 
industry, 
appointed by the Governor; and be it further 
Sec. 3. Chairs. Resolved: 
That 
the 
Senate 
member 
is 
the 
Senate chair of the commission and the House of Representatives 
member is the House chair of the commission; and be it further 
Page l-LR1538 (1) 
Sec. 4. Appointments: convening of commission. Resolved: 
That 
all appointments must be made no later than 30 days following the 
effective date of this resolve. 
The appointing authorities shall 
notify the Executive Director of the Legislative Council once all 
appointments 
have 
been 
completed. 
Within 
days 
after 
appointment of all members, the chairs shall call and convene the 
first meeting of the commission; and be it further 
Sec. 5. Duties. Resolved: 
That the commission shall study 
Maine's workers' compensation fee schedule and compare it to: 
1. 
The federal workers' compensation fee schedule; 
2. 
Other states' workers' compensation fee schedules; and 
3. 
program. 
Other fee 
schedules such as 
those of the MaineCare 
The 
commission 
shall 
develop 
and 
propose 
a 
workers' 
compensation medical fee schedule for all health care services, 
including 
pharmaceutical 
expenses. 
The 
medical 
fee 
schedule 
should not compromise the quality of or access to health care for 
injured workers. 
The schedule should establish a maximum fee for 
the 
services 
that 
equals 
the 
average 
amount 
a 
health 
care 
provider or entity charges Anthem, Dirigo Health, Cigna and Aetna 
(.n 
for the same services; and be it further 
Sec. 6. Staff assistance. Resolved: 
That, upon approval of the 
Legislative Council, 
the Office of Policy and Legal Analysis 
shall provide necessary staffing services to the commission; and 
be it further 
Sec. 7. Compensation. Resolved: 
That the legislative members 
of the commission are entitled to receive the legislative per 
diem, as defined in the Maine Revised Statutes, Title 3, section 
2, 
and reimbursement for travel and other necessary expenses 
related 
to 
their 
attendance 
at 
authorized 
meetings 
of 
the 
JI:l 
commission. 
Public members not otherwise compensated by their 
employers or other entities that they represent are entitled to 
recei ve 
reimbursement 
of 
necessary 
expenses 
and, 
upon 
a 
demonstration of financial hardship, 
a per diem equal to the 
legislative per diem for their attendance at authorized meetings 
of the commission; and be it further 
Sec. 8. Report. Resolved: 
That, 
no later than November 2, 
2005, 
the commission shall submit a 
report that includes its 
findings 
and 
recommendations, 
including suggested legislation, 
for presentation to the 
Legislature. 
The 
commission 
is 
authorized 
to 
introduce 
legislation related to its report to the Second Regular Session 
of the l22nd Legislature at the time of submission of its report; 
and be it further 
Sec. 9. Extension. Resolved: 
That, if the commission requires 
a limited extension of time to complete its study and make its 
report, it may apply to the Legislative Council, which may grant 
an extension; and be it further 
Sec. 10. Commission budget. Resolved: 
That the chairs of the 
commission, 
with assistance 
from 
the 
commission staff, 
shall 
administer the commission I s 
budget. 
Wi thin 10 days after its 
first meeting, 
the commission shall present a 
work plan and 
proposed budget to the Legislative Council for its approval. 
The 
commission 
may 
not 
incur 
expenses 
that would 
result in the 
commission I s 
exceeding its approved budget. 
Upon request from 
the commission, the Executive Director of the Legislative Council 
shall promptly provide the commission chairs and staff with a 
status report on the commission budget, expenditures incurred and 
paid and available funds. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. 
SUMMARY 
This 
resolve establishes the Commission to Study Medical 
Expenses Under the Maine Workers' Compensation Act of 1992. 
The 
commission shall submit its report to the Second Regular Session 
of the l22nd Legislature by November 2, 2005.