An Act To Ensure Fair Reimbursement for the Medical Care Provided to State Inmates
Maine Legislature, Session 122, LD 0017
Committee Amendment CA_A_H118 (House)
Amends: 34-A MRSA §3031-B

COMMITTEE AMENDMENT "A" to H.P. 20, L.D. 17, Bill, "An Act 
To Ensure Fair Reimbursement for the Medical Care Provided to 
State Inmates" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act Reqarding Medical Care for Incarcerated Persons' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 14 MRSA c. 15 is enacted to read: 
CHAPTER 15 
LDIITATIOR OR DAMAGES 
§401. 
Action for medical services to prisoners 
1. 
Limit established. 
On any tort claim arising out of the 
provision of a medical service for a person being held in a 
state. county or municipal correctional or detention facility. 
the award of damages. 
including costs. against an individual 
medical service provider may not exceed $10.000 and against any 
other medical service provider may not exceed $400.000. 
The 
court shall abate a verdict in an action to the extent it exceeds 
these limits. 
This section applies to all medical care services. 
goods. prescription drugs and medications provided to a person 
inside or outside the facility. 
2. 
Costs. 
Court costs, prejudgment interest and all other 
costs that a court may assess must be included within the damage 
Page l-LR1598(2) 
COMMITTEE AMENDMENT 
.. ,. 
~. 
COMMITTEE AMENDMENT "A" to H. P . 20, L • D . 17 
limits specified by this section. 
Accrued post-judgment interest 
may not be included within the damage limits. 
3. 
Maine Health Security Act. 
Nothing in this section 
limits the applicability of Title 24, chapter 21. 
Sec.2. lS-A MRSA §2-S04, sub-§(e) is enacted to read: 
(e) 
An action under this section is limited as provided in 
Title 14, section 401 if applicable. 
Sec. 3. 34-A MRSA §3031-B, as enacted by PL 2003, c. 513, Pt. 
E, §1, is amended to read: 
§303l-B. Limdtation on reimbursement rate to medical service 
providers for services outside department facility 
Effective July 1, 2004, the department or its contracted 
medical service provider may pay to a 
provider of a 
medical 
service for a person residing in a correctional or detention 
facility 
an 
amount 
no 
greater 
than 
the 
reimbursement 
rate 
applicable to that provider and that service as established by 
rule of the Department of Health and Human Services for the 
MaineCare 
program 
under 
Title 
22. 
Payment 
for 
which 
the 
department or its contracted medical service provider is liable 
must be made within 30 days of receipt of proof of the service 
rendered. 
This liJRieaeieB section applies to all medical care 
services, goods, prescription drugs and medications provided to a 
person outside the facility.' 
SUMMARY 
This amendment replaces the bill and is the majority report 
of the Joint Standing Committee on Criminal Justice and Public 
Safety. 
The amendment limits the damages that may be awarded 
against a medical service provider on a tort claim arising out of 
the provision of medical services to a person being held in a 
state, county or municipal correctional or detention facility and 
applies to services provided inside the facility and outside the 
facility. 
This amendment is analogous to the provisions limiting 
damages awards against governmental employees and entities found 
in the Maine Tort Claims Act, including a provision that makes 
its limits applicable to wrongful death actions. 
The amendment 
also provides that the Maine Health Security Act's provisions, 
including those governing the mandatory preli tigation screening 
process, continue to apply. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 20, L.D. 17 
The amendment also requires that a payment for a medical 
service 
provided 
to 
a 
person 
residing 
in 
a 
Department 
of 
Corrections facility that is provided outside the facility and 
for which the department or its contracted medical provider is 
liable must be made wi thin 30 days of receipt of proof of the 
service rendered. 
COMMITTEE AMENDMENT