The department shall establish a provider ombudsman to assist providers in addressing and resolving in a cost- effective and expeditious fashion any controversies, disagreements or contests between the department and individual providers or groups of providers.__The provider ombudsman is authorized to receive and shall investigate complaints and concerns of providers regarding the administration of the MaineCare program and payment issues.__ The provider ombudsman has access to the commissioner and may bring issues to the attention of the commissioner for prompt resolution.__The provider ombudsman shall inform providers of their rights, entitlements and obligations under state and federal laws and shall assist providers in asserting their legal rights.__In contested proceedings, the provider ombudsman may advocate for the provider in circumstances where the provider ombudsman determines this advocacy is necessary or appropriate.

Sec. A-3. Provider ombudsman; funding. The Department of Human Services shall establish the provider ombudsman pursuant to the Maine Revised Statutes, Title 22, section 48 using existing resources by assigning these duties to existing personnel in an office within the department that does not have direct enforcement or reimbursement responsibilities with respect to providers.

PART B

Sec. B-1. 22 MRSA §13, sub-§6 is enacted to read:

6.__Limitation on actions to recover overpayments.__The department may not impose any sanction or withhold any payments from a service provider in order to recover overpayment for services rendered or goods delivered under the MaineCare program unless, upon petition to the Superior Court, an order is entered allowing interim sanctions upon a showing by the department of a substantial likelihood that overpayment or fraud has occurred and no harm to the public will occur due to interruption of services.

Sec. B-2. 22 MRSA §1714-A, sub-§5, as enacted by PL 1991, c. 568, §4, is repealed.

PART C

Sec. C-1. PL 2001, c. 464, §2 is repealed.