An Act To Strengthen the Enforcement Provisions of the Maine Health Data Organization LR2728(02)
Maine Legislature, Session 121, LD 1884
Committee Amendment CA_A_S475 (Senate)
Amends: 22 MRSA §8705-A

COMMITTEE AMENDMENT "A, to S.P. 730, L.D. 1884, Bill, "An 
Act To Strengthen the Enforcement Provisions of the Maine Health 
Data Organization" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. I. 22MRSA§8705, as amended by PL 2003, c. 452, Pt. K, 
§§28 and 29 and affected by Pt. X, §2, is repealed. 
Sec. 2. 22 MRSA §8705-A is enacted to read: 
§8705-A. Enforcement 
The 
board shall adopt rules to ensure that payors 
and 
providers file data as required by section 8704, subsection 1; 
that users that obtain health data and information from the 
organization safeguard the identification of patients and health 
care practitioners as required by section 8707, subsections 1 and 
3; and that payors and providers pay all assessments as required 
by section 8706, subsection 2. 
1. 
Definitions. 
As 
used in this section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
definitions 
of 
"intentionally" and "knowingly" apply to this section. 
A. 
A person acts intentionally with respect to a result of 
that person's conduct when it is that person's conscious 
object to produce such a result. 
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COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT A" to S.P. 730, L.D. 1884 
B. 
A person acts knowingly with respect to a result of that 
person's 
conduct 
when 
the 
person 
is 
aware 
that it is 
practically certain that that person's conduct will cause 
such a result. 
2. 
Rulemaldng. 
The board shall adopt rules to implement 
this section. 
Rules 
adopted pursuant to this subsection are 
major substantive rules as defined in Title 5, 
chapter 375, 
subchapter 2-A. 
The rules may contain procedures for monitoring 
compliance with this chapter. 
Rules adopted pursuant to this 
subsection must include a schedule of fines for: 
A. 
Failure to file data: 
B. 
Failure to pay assessments: and 
c. 
Intentionally or 
knowingly 
and without authorization 
using or disseminating health care information that directly 
or 
indirectly 
identifies 
patients 
or 
health 
care 
practitioners performing abortions 
as 
defined in section 
1596. 
3. 
Fines. 
The following provisions apply to enforcement 
actions under this section except for circumstances beyond 
a 
person's or entity's control. 
A. 
When a person or entity that is a health care facility, 
payor, 3rd-party administrator or carrier that provides only 
administrative services for 
a 
plan sponsor violates the 
requirements of this chapter, except for section 8707, that 
person or entity commits a civil violation for which a fine 
of not more than $1. 000 per day may be adjudged. 
A fine 
imposed under this paragraph may not exceed $25,000 for any 
one occurrence. 
B. 
A person 
or entity that receives data or information 
under 
the 
terms 
and 
conditions 
of 
section 
8707 
and 
intentionally or knowingly uses, sells or transfers the data 
in viOlation of the board' s rules for commercial advantage, 
pecuniary gain, personal gain or malicious harm commits a 
civil violation for which a fine not to exceed $250,000 may 
be adjudged. 
C. 
A person or entity not covered by paragraph A or B that 
violates 
the 
requirements 
of 
this 
chapter, 
except 
for 
section 8707, commits a civil violation for which a fine of 
not more than $100 per day may be adjudged. 
A fine imposed 
under this paragraph may not exceed $2,500 for anyone 
occurrence. 
COMMITTEE AMENDMENT 
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COMMITTEE jiMENDMENT ,A" to S.P. 730, L.D. 1884 
4. 
Enforcement action. 
Upon a finding that a person or 
entity has 
failed to 
comply with the 
requirements of this 
chapter, including the payment of a fine determined under this 
section, the board may undertake any or all of the following. 
A. 
The board may refer the matter to the department or 
board that issued a license to the provider for such action 
as the department or board considers appropriate. 
B. 
The board may refer the matter to the Department of 
Professional and Financial Regulation, Bureau of Insurance 
for such action against the payor as the bureau considers 
appropriate. 
C. 
The board may file a complaint with the Superior Court 
in the county in which the person resides or the entity is 
located or in Kennebec County seeking an order to require 
that person or entity to comply with the requirements of 
this chapter, seeking enforcement of a fine determined under 
this section or seeking other relief from the court. 
5. 
Injunctiye relief. 
In the event of any violation of 
this chapter or any rule adopted pursuant to this chapter, the 
Attorney General may seek to enjoin a further violation and seek 
any other appropriate remedy provided by this chapter.' 
SUMMARY 
This amendment is the majority report of the committee. 
The 
amendment retains all of the provisions of the bill, designates 
the 
enforcement rules 
as 
major 
substantive 
rules 
and 
makes 
organizational changes to the section. 
The amendment retains the 
purpose of the bill, which is to strengthen the enforcement 
provisions of the Maine Health Data Organization statutes that 
are outdated or inconsistent with other sections of the Maine 
Revised Statutes, Title 22, chapter 1683. 
The amendment provides 
that 
persons 
who 
intentionally 
or 
knowingly 
engage 
in 
the 
unauthorized 
misuse 
of 
individually 
identifiable 
health 
information or data obtained from the organization are subject to 
civil fines up to $250,000, an amount that is commensurate with 
the provisions of the federal Health Insurance Portability and 
Accountability Act of 1996 for the knowing wrongful disclosure of 
individually 
identifiable 
health 
information. 
The 
amendment 
allows the organization to refer failures to comply with the 
requirements of the chapter to the appropriate department or 
licensing 
board 
or 
to 
the 
Department 
of 
Professional 
and 
Financial Regulation, Bureau of Insurance or to file a complaint 
in Superior Court. 
The amendment allows the Attorney General to 
pursue injunctions or other appropriate remedies for violations 
of the chapter. 
FISCAL :\OTE nEtlllltEfi 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/23/04 ,;:t!;!?ac::.. 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD 1884 
An Act To Strengthen the Enforcement Provisions of the Maine Health 
Data Organization 
LR2728(02) 
Fiscal Note for Bill as Amended by Committee Amendment 'A 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations 
Increases the number of civil suits 
Fiscal Detail and Notes 
Costs assoCiated with seeking injunctive relief pursuant to this legislation can be absorbed by the Department of the 
Attorney General utilizing existing budgeted resources. Any additional administrative costs to the Department of 
Professional and Financial Regulation resulting from the adjudication of complaints filed by the board can be 
absorbed utilizing existing resources. 
LR2728(2) - Fiscal Note - Page 1 of 1