Sec. 1. 14 MRSA c. 751 is enacted to read:

CHAPTER 751

RECOVERY OF ECONOMIC LOSS ATTRIBUTABLE

TO TOBACCO USE

§8351.__Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1.__Commissioner.__"Commissioner" means the Commissioner of Human Services.

2.__Economic loss.__"Economic loss" is defined as follows.

A.__"Economic loss" to the State means health care and disability costs paid by or through the State, including, but not limited to, benefits under the Medicaid program administered by the Department of Human Services pursuant to the United States Social Security Act, Title XIX, or benefits under the State Employee Health Program for active or retired state employees and their dependents.

B.__"Economic loss" to an insurer means health care and disability benefits paid by the insurer to or on behalf of an individual.

C.__"Economic loss" to a health care provider means the reasonable value of uncompensated health care services and products provided to an individual.

D.__"Economic loss" to an individual means health care expenses, loss of income or earning capacity caused by disability, the cost or value of replacement services or pecuniary loss arising from death and the costs of burial.__ "Economic loss" to an individual does not include subjective or nonmonetary losses, or damages for pain, suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation or humiliation.

3.__Insurer.__"Insurer" means any entity that pays health or disability benefits on behalf of Maine residents, including insurers authorized to do business under the Maine Insurance Code, self-insured employers of Maine citizens and other groups or entities that provide such benefits.