Maine Code § 24-A-4320-H

Payment reform pilot projects
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(REALLOCATED FROM TITLE 24-A, SECTION 4320)
1. Pilot projects. Beginning March 1, 2012, the superintendent may authorize pilot projects in
accordance with this subsection that allow a health insurance carrier that offers health plans in this State
to implement payment reform strategies with providers through an accountable care organization to
reduce costs and improve the quality of patient care. For purposes of this section, "accountable care
organization" means a group of health care providers operating under a payment agreement to provide
health care services to a defined set of individuals with established benchmarks for the quality and cost
of those health care services consistent with federal law and regulation.
A. The superintendent may approve a pilot project between a carrier and an accountable care
organization that utilizes payment methodologies and purchasing strategies, including, but not
limited to: alternatives to fee-for-service models, such as blended capitation rates, episodes-of-care
payments, medical home models and global budgets; pay-for-performance programs; tiering of
providers; and evidence-based purchasing strategies. [RR 2011, c. 1, §43 (RAL).]
B. Prior to approving a pilot project, the superintendent shall consider whether the proposed pilot
project is consistent with the principles for payment reform developed by the Advisory Council on
Health Systems Development established under former Title 2, section 104. [RR 2011, c. 1, §43
(RAL).]
[RR 2011, c. 1, §43 (RAL).]
2. Rulemaking. The superintendent shall establish by rule procedures and policies that facilitate
the implementation of a pilot project pursuant to this section, including, but not limited to, a process
for a health insurance carrier's submitting a pilot project proposal and minimum requirements for
approval of a pilot project. Rules adopted pursuant to this subsection are routine technical rules as
defined in Title 5, chapter 375, subchapter 2-A and must be adopted no later than December 1, 2011.
[RR 2011, c. 1, §43 (RAL).]
3. Report. Beginning in 2013, the superintendent shall report by March 1st annually to the joint
standing committee of the Legislature having jurisdiction over insurance and financial services matters
on the status of any pilot project approved by the superintendent pursuant to this section. The report
must include an analysis of the cost and benefits of any approved pilot project in reducing health care
costs, including any impact on premiums, and in improving the quality of care.
[RR 2011, c. 1, §43 (RAL).]
4. Evaluation. During the First Regular Session of the 129th Legislature, the joint standing
committee of the Legislature having jurisdiction over insurance and financial services matters shall
conduct an evaluation of the effectiveness of any pilot project approved by the superintendent pursuant
to this section and make a determination whether to continue, amend or repeal the authorization for the
pilot project. The joint standing committee of the Legislature having jurisdiction over insurance and
financial services matters may report out a bill based on the evaluation to the First Regular Session of
the 129th Legislature.
[RR 2011, c. 1, §43 (RAL).]
5. Construction. This section may not be construed to restrict or limit the right of a carrier to
engage in activities expressly permitted by this Title or to require a carrier to obtain prior approval as
a pilot project to engage in those activities.
[RR 2011, c. 1, §43 (RAL).]

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