6.__Savings offset payments through reductions in growth in State's health care spending and bad debt and charity care. On an annual basis no later than April of each year, the board shall prospectively determine the savings offset to be applied during each 12-month period.__To make its determination, the board shall use the criteria and reports described in subsections 7 and 8. Annual offset payments must be reconciled to determine whether unused payments may be returned to health insurance carriers, employee benefit excess insurance carriers and third-party administrators according to a formula developed by the board. Savings offset payments must be used solely to fund the subsidies authorized by section 6912 and to support the Maine Quality Forum established in subchapter 2 and may not exceed savings from reductions in growth of the State's health care spending and bad debt and charity care.

7.__Demonstration of recovery of savings offset payments through reduction in rate of growth in State's health spending and bad debt and charity care.__In accordance with the requirements of this subsection, every health insurance carrier and health care provider shall demonstrate that best efforts have been made to ensure that a carrier has recovered savings offset payments made pursuant to this section through negotiated reimbursement rates that reflect health care providers' reductions or stabilization in the cost of bad debt and charity care as a result of the operation of Dirigo Health and any increased enrollment due to an expansion in MaineCare eligibility occurring after June 30, 2004.

A.__A health insurance carrier shall use best efforts to ensure health insurance premiums reflect any such recovery of savings offset payments as those savings offset payments are reflected through incurred claims experience in accordance with subsection 9.

B.__During any negotiation with a health insurance carrier relating to a health care provider's reimbursement agreement