PUBLIC Law Chapter 20

	2-F. Disbursement. Except as otherwise provided in this
subsection, a disbursement of any award, judgment or settlement
may not be made to a recipient without the recipient or the
recipient's attorney first paying to the department the amount of
the statutory lien from the award, judgment or settlement or
obtaining from the department a release of any obligation owed to
it for medical benefits provided to the recipient. If a dispute
arises between the recipient and the commissioner as to the
settlement of any claim that the commissioner may have under this
section, the 3rd party or the recipient's attorney shall withhold
from disbursement to the recipient an amount equal to the
commissioner's claim. Either party may apply to the Superior
Court or the District Court in which an action based upon the
recipient's claim could have been commenced for an order to
determine a reasonable amount in satisfaction of the statutory
lien, consistent with federal law, considering whether an
independent action by the commissioner would have been cost-
effective. If either party applies under this subsection to the
court for an order to determine a reasonable amount, the court
may not order payment in satisfaction of such a lien for an
amount less than 75% of the recovery, net of reasonable
attorney's fees and litigation costs, unless that amount exceeds
the amount of the lien.

2-H. Honoring of assignments. The following provisions apply
to claims for payment submitted by the department or a health
care provider.

A. Whenever a participating health care provider or the
department submits claims to an insurer, as defined in Title
24-A, section 4, or to a health maintenance organization on
behalf of a recipient under ~~Medicaid or the elderly low-cost~~
~~drug program under section 254~~ the MaineCare program for
whom an assignment of rights has been received, or whose
rights have been assigned by the operation of law, the
insurer or health maintenance organization doing business in
the State must respond within 60 days of receipt of a claim
by forwarding payment or issuing a notice of denial directly
to the submitter of the claim.

B. Whenever a nonparticipating health care provider or the
department on behalf of a nonparticipating provider submits
claims to an insurer, as defined in Title 24-A, section 4,
or a health maintenance organization that operates through a
series of participation agreements on behalf of a recipient
under ~~Medicaid or the elderly low-cost drug program under~~
~~section 254~~ the MaineCare program for whom an assignment of
rights has been received or whose rights have been assigned
by the operation of law, the insurer or health maintenance
organization doing business in the State must respond within

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