| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 14 MRSA c. 751 is enacted to read: |
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| RECOVERY OF ECONOMIC LOSS ATTRIBUTABLE |
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| | As used in this chapter, unless the context otherwise | indicates, the following terms have the following meanings. |
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| | 1.__Commissioner.__"Commissioner" means the Commissioner of | Human Services. |
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| | 2.__Economic loss.__"Economic loss" is defined as follows. |
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| 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. |
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| B.__"Economic loss" to an insurer means health care and | disability benefits paid by the insurer to or on behalf of | an individual. |
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| C.__"Economic loss" to a health care provider means the | reasonable value of uncompensated health care services and | products provided to an individual. |
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| 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. |
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| | 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. |
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