Sec. 1. 24-A MRSA §4301, sub-§§2-A, 4-A and 4-B are enacted to read:

2-A.__Health care treatment decision.__"Health care treatment decision" means a determination made when medical services are provided by the managed care plan or a decision that affects the quality of the diagnosis, care or treatment provided to an enrollee of the managed care plan.

4-A.__Medically appropriate care.__"Medically appropriate care" means care that meets the standards of care for health care services as determined by health care providers in accordance with the prevailing practices and standards of the medical profession and community.

4-B.__Ordinary care.__"Ordinary care" means, in the case of a carrier, the degree of care that a carrier of ordinary prudence would use under the same or similar circumstances.__For a person who is an employee, agent, ostensible agent or representative of a carrier, "ordinary care" means the degree of care that a person of ordinary prudence in the same profession, specialty or area of practice would use in the same or similar circumstances.

Sec. 2. 24-A MRSA §4310 is enacted to read:

§4310.__Duty of care

1.__Carrier duty; liability.__A carrier has the duty to exercise ordinary care when making health care treatment decisions and is liable for damages for harm to an enrollee proximately caused by the failure of the carrier to exercise ordinary care.

2.__Carrier liability for others.__A carrier is liable for damages for harm to an enrollee proximately caused by the health care treatment decisions made by any of its:

A.__Employees;

B.__Agents;

C.__Ostensible agents; or

D.__Representatives who are acting on behalf of the carrier and over whom the carrier has the right to exercise influence or control or has actually exercised influence or control when that influence or control results in the failure to exercise ordinary care.