An Act To Strengthen the Enforcement Provisions of the Maine Health Data Organization
Maine Legislature, Session 121, LD 1884
Committee: Health and Human Services
Sponsors: BRENNAN, EARLE, DAGGETT, EDMONDS, GAGNON, HALL, MA YO, TREAT, CRA VEN, KANE
Amends: 22 MRSA §8705

Legislative Document 
No. 1884 
S.P.730 
In Senate, February 26, 2004 
An Act To Strengthen the Enforcement Provisions of the Maine 
Health Data Organization 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
JOY J. O'BRIEN 
Secretary of the Senate 
Presented by Senator BRENNAN of Cumberland. (GOVERNOR'S BILL) 
Cosponsored by Representative EARLE of Damariscotta and 
Senators: President DAGGETT of Kennebec, EDMONDS of Cumberland, GAGNON of 
Kennebec, HALL of Lincoln, MA YO of Sagadahoc, TREAT of Kennebec, Representatives: 
CRA VEN of Lewiston, KANE of Saco. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §8705, as amended by PL 2003, c. 452, Pt. K, 
§§28 and 29 
and affected by Pt. 
X, 
§2, is repealed and the 
following enacted in its place: 
§8705. EnforCement 
The board shall adopt rules 
to ensure 
that payors 
and 
providers file data as required by section 8704, subsection L 
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 
and that payors and providers pay all assessments as required 
by section 8706, subsection 2. 
1. 
Rulema);ing. 
The 
board shall adopt rules setting a 
schedule of fines 
for failure to file data: 
failure to pay 
assessments; and the intentional or knowing unauthorized use or 
dissemination 
of 
health 
care 
information 
that 
directly 
or 
indirectly 
identifies 
patients 
or 
health 
care 
practitioners 
]?erforming abortions as defined in section 1596. 
The rules may 
contain procedures for monitoring compliance with this chapter. 
For purposes of this subsection, 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. 
For 
purposes of this subsection, 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. 
Fines. 
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 cha]?ter, other than 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; or 
B. 
A person or entity not covered by paragraph 
A that 
violates 
the 
requirements 
of 
this 
chapter, 
other 
than 
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. 
A. 
Unauthorized 
use 
or 
disclosure 
of 
individually 
identifiable data. 
A person 
or entity that receives data or 
information under the terms and conditions of section 8707 and 
intentionally and knowingly uses, sells or transfers the data in 
violation 
of 
the 
board I 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. 
3. 
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: 
A. 
File 
a 
complaint with 
the 
licensing 
board 
of 
the 
provider, seeking disciplinary action against the provider; 
A 1. 
File a complaint with the Department of Professional 
and 
Financial 
Regulation, 
Bureau 
of 
Insurance, 
seeking 
disciplinary action against the payor; or 
B. 
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, 
enforcement of a fine determined under this section or for 
other relief from the court. 
4. 
Injunctive relief. 
In the event of any violation of 
this chapter or any rule pursuant to this chapter, the Attorney 
General may seek to enjoin a further violation in addition to any 
other remedy provided by this chapter. 
SUMMARY 
The purpose of this bill 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 bill 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. 
This bill would also allow the 
organization 
to 
file 
a 
complaint 
with 
the 
Department 
of 
Professional 
and 
Financial 
Regulation, 
Bureau 
of 
Insurance 
seeking disciplinary action against any payor who violates the 
provisions of Title 22, chapter 1683. 
Furthermore, the Attorney 
General 
is 
granted authority 
to 
seek 
injunctive 
relief 
for 
violations of the Maine Health Data Organization statutes or 
rules, in addition to any other remedies the Board of Directors 
of the Maine Health Data Organization may pursue.