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STATE OF MAINE
Superintendent of Insurance Alessandro A. Iuppa issues this Notice of Pending Proceeding and Hearing in the above-captioned matter. I. PENDING PROCEEDING & PUBLIC HEARING Pursuant to 5 M.R.S.A. § 9052, 24-A M.R.S.A. § 230, and Bureau of Insurance Rule Chapter 350, the Superintendent hereby gives public notice of a pending adjudicatory proceeding on the required filing by the Board of Directors of the Dirigo Health Agency pursuant to Public Law 2005, chapter 400. The Dirigo Board is required to file with the Superintendent the Board’s determination as to the aggregate measurable cost savings in this State as a result of the operation of Dirigo Health, including any reduction or avoidance of bad debt and charity care cost to health care providers resulting from the operation of Dirigo Health and any increased MaineCare enrollment due to an expansion in MaineCare eligibility occurring after June 30, 2004 (the “Dirigo Filing.”) The Dirigo Board must include with its filing the supporting information for its determination. The Dirigo Filing is a public record and is required to be filed with the Superintendent no later than September 17, 2005. Pursuant to 24-A M.R.S.A. § 229 and the requirements of 24-A M.R.S.A. § 230, 5 M.R.S.A. § 9052, and Insurance Rule Chapter 350, the Superintendent hereby gives notice that a public hearing will be held on the Dirigo Filing beginning at 9:00 a.m. on October 27, 2005, in the Central Conference Room of the Maine Department of Professional and Financial Regulation Building, 124 Northern Avenue, Gardiner, Maine. Members of the public are invited to attend the hearing. II. SCOPE & STANDARD OF REVIEW The purpose of the proceeding and hearing is for the Superintendent to review the Dirigo Filing and issue an order approving, in whole or in part, or disapproving the filing. The Superintendent is required to approve the Dirigo Filing upon a determination that the aggregate measurable cost savings filed by the Dirigo Board are reasonably supported by the evidence in the record. The Superintendent’s decision must be issued no later than October 29, 2005. III. INTERVENTION The Dirigo Health Agency, through its Board of Directors, is a party
to the proceeding. Other persons wishing to intervene as parties to the
proceeding shall file their applications in writing with the Superintendent
by 3:00 p.m. on the later of: (a) September
19, 2005, or (b) four (4) calendar days after the Dirigo Filing is delivered
to the Superintendent. Only those persons willing to undertake the responsibilities
placed upon parties to an adjudicatory proceeding under Bureau of Insurance
Rule Chapter 350 should seek intervenor status. Applications for intervention should be either hand delivered to the Superintendent at the offices of the Bureau of Insurance, 124 Northern Avenue, Gardiner, Maine, or mailed to the Superintendent at the following address:
An applicant for intervention shall simultaneously serve a copy of the intervention application on the Dirigo Board at the Dirigo Health Agency offices, 211 Water Street, Augusta, Maine, or mailed to the Dirigo Board at the following address:
An applicant claiming intervention as of right pursuant to 5 M.R.S.A. § 9054(1) shall include in the application a statement either explaining how the applicant is or may be, or is a member of a class that is or may be, substantially and directly affected by the proceeding or identifying the applicant as an agency of federal, state, or local government. Applications for permissive intervention pursuant to 5 M.R.S.A. § 9054(2) shall contain a statement explaining and substantiating the applicant’s interest in the proceeding. The Superintendent will not grant late applications without a showing of good cause. If the Dirigo Health Agency or any other party opposes an application for intervention, it shall file a statement in opposition to the application with the Superintendent by 12:00 noon on the later of: (a) September 22, 2005, or (b) two (2) calendar days after the intervention application is filed with the Superintendent. The party opposing an application for intervention shall simultaneously serve a copy of the statement in opposition on all parties in the same manner as the service of an application for intervention. IV. HEARING PROCEDURE The Superintendent will conduct the proceeding in accordance with the provisions of the Maine Administrative Procedure Act, 5 M.R.S.A. chapter 375, subchapter IV; 24-A M.R.S.A. §§ 229 to 236; and Bureau of Insurance Rule Chapter 350. All parties to the proceeding have the right to present evidence and witnesses at the hearing and have the right to be represented by counsel. Failure of any party to appear may result in disposition by default with respect to that party. The Superintendent, however, may set aside a default for good cause. A separate order will be issued by the Superintendent to establish certain procedural requirements and deadlines for the proceeding. The Department of Professional and Financial Regulation does not discriminate on the basis of disability in the admission to, access to, or operation of its programs, services or activities. Individuals in need of auxiliary aid for effective communication in the hearing are invited to make their needs and preference known to Vanessa J. Leon at the Bureau of Insurance, telephone 207-624-8452, sufficiently in advance of the hearing so that appropriate arrangements can be made. PER ORDER OF THE SUPERINTENDENT OF INSURANCE
Last Updated: October 1, 2008 |
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