Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
031 - BUREAU OF INSURANCE
Chapter 855 - HEALTH INSURANCE PAYMENT REFORM PILOT PROJECTS
Section 031-855-6 - Confidentiality

Universal Citation: 02 ME Code Rules ยง 031-855-6
Current through 2024-38, September 18, 2024

Any information contained in an application for authorization of a pilot project or in other documents filed with the Superintendent pursuant to this Rule shall be treated by the Superintendent as a "public record" within the meaning of the Maine Freedom of Access Act, 1 M.R.S.A. §§401 et seq., unless a legal basis for confidentiality exists. Any applicant who seeks to assert the confidentiality of any document or documents filed pursuant to this Rule shall clearly state the basis for the assertion at the time of filing and shall provide both redacted and unredacted originals of the documents to which the assertion relates. Unredacted documents subject to an assertion of confidentiality shall be clearly identified as confidential. The cover letter to the filing shall identify information subject to a confidentiality assertion and where it is located within the filing.

There shall be a rebuttable presumption that any documents that are subject to an assertion of confidentiality are confidential.If a request for the documents is received, or if the Superintendent determines that the filing party has not adequately supported the assertion of confidentiality, the filing party shall be provided an opportunity to provide the Superintendent, and the requesting party if applicable, detailed legal support for the basis for the assertion according to Maine law then in effect. The requesting party shall be provided an opportunity to provide responsive legal support for the document request. The Superintendent shall then notify both the filing party and the requesting party of his or her determination as to confidentiality of the documents in question. Should the Superintendent determine that the documents or any portion of the documents are not entitled to confidential treatment, the filing party shall be provided an opportunity to seek judicial review before their release.

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