An Act To Improve the Independent Medical Examiner System
Maine Legislature, Session 123, LD 1691
Committee Amendment CA_A_S300 (Senate)
Amends: 39-A MRSA §153, 39-A MRSA §154, 39-A MRSA §207, 39-A MRSA §209, 39-A MRSA §312, 39-A MRSA §611

Minority 
COMMITTEE AMENDMENT "A" to S.P. 598, L.D. 1691, Bill, "An Act To 
Improve the Independent Medical Examiner System" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 39-A MRSA §153, sub-§10 is enacted to read: 
10. Investigation of extent and causation of work-related injuries. The board 
shall expend annually to the extent necessary up to a maximum amount equal to the 
average annual amount expended from 1992 to 2006 on physician or medical examiner 
fees pursuant to former sections 207 and 312 in order to pay the fees of independent 
medical examiners the board shan appoint to determine the extent and causation of work-
related injuries, and to provide a report on the extent and causation of work-related 
injuries, when such is at issue in a workers' compensation claim. 
Sec. 2. 39-A MRSA §154, sub-§6, ,A, as enacted by PL 2007, c. 240, Pt. LL, 
§ 1, is amended to read: 
A. The assessments levied under this section may not be designed to produce more 
than $6,000,000 in revenues annually beginning in the 1995-96 fiscal year, more than 
$6,600,000 annuaHy beginning in the 1997-98 fiscal year, more than $6,735,000 
beginning in the 1999-00 fiscal year, more than $7,035,000 in the 2001-02 fiscal 
year, more than $6,860,000 beginning in the 20Q2-03 fiscal year, more than 
$8,390,000 beginning in the 2003-04 fiscal year, more than $8,565,000 beginning in 
the 2004-05 fiscal year, more than $8,525,000 beginning in the 2005-06 fiscal year, 
more than $9,820,178 beginning in the 2007-08 fiscal year, more than $lQ,QQQ,QQQ 
$15,600,000 beginning in the 2008-09 fiscal year, more than $lQ,4QQ,QQQ 
$16,000,000 beginning in the 2009-10 fiscal year, more than $1 Q,8QQ,QQQ 
$16,400,000 beginning in the 2010-11 fiscal year or more than $11,200,000 
$16,800,000 beginning in the 2011-12 fiscal year. Assessments coHected that exceed 
$6,000,000 beginning in the 1995-96 fiscal year, $6,600,000 beginning in the 1997-
fiscal year, $6,735,000 beginning in the 1999-00 fiscal year, $7,035,000 in fiscal 
COMMITTEE AMENDMENT 
~" 
COMMITTEE AMENDMENT" A " to S.P. 598, L.D. 1691 
year 2001-02, $6,860,000 beginning in the 2002-03 fiscal year, $8,390,000 beginning 
in the 2003-04 fiscal year, $8,565,000 beginning in the 2004-05 fiscal year, 
$8,525,000 beginning in the 2005-06 fiscal year, $9,820,178 beginning in the 2007-
fiscal year, $10,000,000 $15,600,000 beginning in the 2008-09 fiscal year, 
$10,400,000 $16,000,000 beginning in the 2009-10 fiscal year, $10,800,000 
$16,400,000 beginning in the 2010-11 fiscal year or $11,200,000 $16,800,000 
beginning in the 2011-12 fiscal year by a margin of more than 10% must be refunded 
to those who paid the assessment. Any amount collected above the board's allocated 
budget and within the 10% margin must be used to create a reserve of up to 114 of the 
board's annual bUdget. 
Sec. 3. 39-A MRSA §207, as amended by PL 2001, c. 278, §§ 1 and 2, is repealed. 
Sec. 4. 39-A MRSA §209, sub-§3, as enacted by PL 1991, c. 885, Pt. A, §8 and 
affected by §§9 to II, is amended to read: 
3. Limitation on reimbursement. In order to qualify for reimbursement for health 
care services provided to employees under this Title, health care providers providing 
individual health care services and courses of treatment may not charge more for the 
services or courses of treatment for employees than is charged to private 3rd-party payors 
for similar services or courses of treatment. An employer is not responsible for charges 
that are determined to be excessive or treatment determined to be inappropriate by an 
independent medical examiner appointed pursuant to section ~ 
153, subsection 10 or 
by the insurance carrier, self-insurer or group self-insurer pursuant to section 210, 
subsection 7 or the board pursuant to section 210, subsection 8. 
Sec. 5. 39-A MRSA §312, as amended by PL 2005, c. 24, §§ 1 and 2, is repealed. 
Sec. 6. 39-A MRSA" §355-C, sub-§6, as enacted by PL 2001, c. 448, §5, is 
amended to read: 
6. Effect of independent medical examiner's report. The fund is bound to the 
same extent as the employee and the insurer or self-insurer by findings contained in an 
independent medical examiner's report provided pursuant to section ~ 
153, subsection 
10. 
39-A MRSA §611, first~, as enacted by PL 1991, c. 885, Pt. A, §8 and affected 
by §§9 to II, is amended to read: 
On request of a party or on its own motion the board may in occupational disease 
cases appoint one or more competent and impartial physicians. Upon order of the board, 
the fees and expenses of the health care provider or health care providers must be paid by 
the employer. These appointees shall examine the employee and inspect the industrial 
conditions under which the employee has worked in order to determine the nature, extent 
and probable duration of the occupational disease, the likelihood of its origin in the 
industry and the date of incapacity. Seetioa 207 applies to the filing and SHeSeElHeat 
proeeediags oa the r~ort of the apf>oiatees aad to exam.iaatioas cmd treatmeats ey the 
employer. 
Sec. 7. Appropriations and allocations. The following appropriations and 
allocations are made. 
COMMITTEE AMENDMENT 
, 
COMMITTEE AMENDMENT '/1 "to S.P. 598, L.D. 1691 
WORKERS' COMPENSATION BOARD 
Administration - Workers' Compensation Board 0183 
Initiative: Allocates funds to the Workers' Compensation Board beginning in fiscal year 
2008-09 for the cost associated with paying the fees of independent medical examiners to 
determine the extent and causation of work-related injuries that are at issue in workers' 
compensation claims. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
SUMMARY 
2007-08 
$0 
$0 
2008-09 
$5,600,000 
$5,600,000 
This amendment is the minority report of the Joint Standing Committee on Labor. It 
requires the Workers' Compensation Board to expend resources to pay independent 
medical examiner fees to determine the extent and causation of work-related injuries. 
The amendment increases the assessments that the board may levy against insurers. 
The amendment also adds an appropriations and allocations section and corrects cross-
references to repealed sections oflaw. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 06111/07 
frCZc:. 
LD 1691 
LR 1723(02) 
An Act To Improve the Independent Medical Examiner System 
Fiscal Note for Bill as Amended by Committee Amendment ';,4" 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
Undetermined current biennium cost increase - All Funds 
2007-08 
2008-09 
Projections 
2009-10 
Appropriations/Allocations 
Other Special Revenue Funds 
$0 
$5,600,000 
$5,600,000 
Revenue 
Other Special Revenue Funds 
$0 
$5,600,000 
$5,600,000 
Fiscal Detail and Notes 
Projections 
2010-11 
$5,600,000 
$5,600,000 
This bill includes ongoing Other Special Revenue Funds allocations of $5,600,000 per year beginning in fiscal year 
2008-09 to the Workers' Compensation Board for the costs associated with paying the fees of independent medical 
examiners to determine the extent and causation of work-related injuries that are at issue in a workers' compensation 
claim. This cost estimate is based on infonnation provided by the Board that indicates that the average annual cost 
since 1992 for independent medical examinations under Title 39-A, §312 is approximately $600,000 and the average 
cost for medical examinations under Title 39-A, §207 is $5,000,000, assuming 2,500 exams per year at an average cost 
of $2,000. 
The Workers' Compensation Board will also require an increase of the assessment cap to 15,600,000 in fiscal year 
2008-09, $16,000,000 in fiscal year 2009-10, $16,400,000 in fiscal year 2010-11 and $16,800,000 beginning in fiscal 
year 2011-12 to fund the cost of paying the fees of the independent medical examiners. Increasing the assessment cap 
will result in an increase in dedicated revenue of $5,600,000 per year beginning in fiscal year 2008-09. 
Increasing the workers' compensation assessment will increase the cost to all State agencies for the workers' 
compensation portion of the personal services expense. The increased cost can not be determined at this time. 
LRl723(02) - Fiscal Note - Page 1 of 1