Part B of this bill removes existing authority for the department to withhold funds owed to service providers in the MaineCare program as reimbursement for overpayments to the provider until after the commissioner has made a final decision on the overpayments. It also prohibits the department from withholding funds owed to service providers in the MaineCare program as reimbursement for overpayments by affiliated providers.

Part C of this bill repeals the delayed effective date of Public Law 2001, chapter 464, which prohibits the department from paying auditors a commission based on funds received from a provider after an audit. The repeal of the future effective date will cause that law to have immediate effect.

Part D of this bill places the burden of proof on the department for showing that a violation of the MaineCare law or rules has occurred. It also requires the department to use evidence of standard industry practices when interpreting the laws and rules for the MaineCare program. This Part applies retroactively to any proceedings pending before the Commissioner of Human Services on January 1, 2003.