| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 24 MRSA §2332-G, as reallocated by RR 1995, c. 2, §49 and | affected by §50, is repealed. |
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| | Sec. 2. 24-A MRSA §2847-F, as reallocated by PL 1997, c. 370, Pt. H, | §1, is repealed. |
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| | Sec. 3. 24-A MRSA §4241, as enacted by PL 1995, c. 617, §5 and | affected by §6, is repealed. |
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| | Sec. 4. 24-A MRSA §4301, sub-§§2-A, 4-A, 4-B, 5-A and 7 are enacted to read: |
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| | 2-A.__Health care treatment decision.__"Health care treatment | decision" means a determination made when medical services are | provided by a health plan or a decision that affects the quality | of__the diagnosis, care or treatment provided to an enrollee of a | health plan. |
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| | 4-A.__Medically appropriate care.__"Medically appropriate | care" means care that meets the standard for 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. |
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| | 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. |
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| | 5-A.__Peer-reviewed medical literature.__"Peer-reviewed | medical literature" means scientific studies published in at | least 2 articles from major peer-reviewed medical journals that | present data that support the proposed use of drug or device as | generally safe and effective. |
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| | 7. Standard reference compendia.__"Standard reference | compendia" means: |
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| A.__The United States Pharmacopeia Drug Information or | information published by its successor organization; or |
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| B.__The American Hospital Formulary Service Drug Information | or information published by its successor organization. |
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