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S.P. 13 - L.D. 2
An Act to Clarify the Application of Insurance Fraud Prevention Laws
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, it is imperative that the definition of insurance be clarified in the insurance fraud prevention laws; and
Whereas, the clarification should occur retroactively with the effective date of the provisions recommended by the Commission to Study Insurance Fraud as passed in Public Law 1997, chapter 675; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 24-A MRSA §2186, sub-§1, ¶B, as enacted by PL 1997, c. 675, §2, is amended to read:
B. "Insurer" means a an authorized insurance company, reinsurer, surplus lines insurer, unauthorized insurer, nonprofit hospital and medical service organization, health maintenance organization, risk retention group or multiple employer welfare organization. "Insurer" also includes an insurance producer or other person acting on the behalf of an insurer. For the purposes of this section, "insurer" also means the state Medicaid program.
Sec. 2. Retroactivity. This Act applies retroactively to June 30, 1998.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective March 11, 1999.
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