Maine Legislature, Session 121, LD 1916
Committee Amendment CA_A-HA_D_H950 (House)

HOUSE 
AMENDMENT II]) II 
to COMMITTEE 
AMENDMENT 
1418, 
L.D. 
1916, 
Bill, 
"An 
Act 
To 
Correct 
Inconsistencies in the Laws of Maine" 
"A" 
to H. P. 
Errors 
and 
Amend the amendment by inserting after Part F a new part to 
read: 
'PARTG 
Sec. G-l. IS-A MRSA §5-S04, Pt. 1, as amended by PL 2003, c. 
618, Pt. C, §3, is further amended to read: 
PART 1 
POWER OF ATTORNEY FOR HEALTH CARE 
(1) 
DESIGNATION 
OF 
AGENT: 
I 
designate 
the 
following 
individual as my agent to make health-care decisions for me: 
(name of individual you choose as agent) 
(address) 
(city) 
(state) 
(zip code) 
(home phone) 
OPTIONAL: 
If I revoke 
is 
not 
willing, 
able 
or 
health-care decision for me, 
agent: 
(work phone) 
my agent's authority or if my agent 
reasonably 
available 
to 
make 
a 
I designate as my first alternate 
(name of individual you choose as first alternate agent) 
HOUSE AMENDMENT 
.. 
~. 
~. 
HOUSE 
AMENDMENT ;p" to COMMITTEE 
AMENDMENT 
"A" to H.P. 
L.D. 1916 
(address) 
(city) 
(state) 
(zip code) 
(home phone) 
(work phone) 
1418, 
OPTIONAL: 
If I revoke the authority of my agent and first 
alternate agent or if neither is willing, able or reasonably 
available to make a health-care decision for me, I designate as 
my second alternate agent: 
(name of individual you choose as second alternate agent) 
(address) 
(city) 
(state) 
(zip code) 
(home phone) 
(work phone) 
(2) 
AGENT'S AUTHORITY: 
My agent is authorized to make all 
health-care decisions for me, 
including decisions to provide, 
withhold or withdraw artificial nutrition and hydration and all 
other forms of health care to keep me alive, except as I state 
here: 
(Add additional sheets if needed.) 
( 3) 
WHEN AGENT'S AUTHORITY BECOMES EFFECTIVE: 
My agent's 
authority becomes effective when my primary physician determines 
that I 
am unable to make my own health-care decisions unless I 
mark the following box. 
I f 
I 
mark this box [ 
], my agent's 
authority to make health-care decisions for 
me 
takes effect 
immediately. 
(4) 
AGENT'S 
OBLIGATION: 
My agent shall make health-care 
decisions for me in accordance with this power of attorney for 
health care, any instructions I give in Part 2 of this form and 
my other wishes to the extent known to my agent. 
To the extent 
my wishes are unknown, my agent shall make health-care decisions 
for me in accordance with what my agent determines to be in my 
best interest. 
In determining my best interest, my agent shall 
consider my personal values to the extent known to my agent. 
(5) 
NOMINATION 
OF 
GUARDIAN: 
If a guardian of my person 
needs to be appointed for me by a court, I nominate the agent 
designated in this form. 
If that agent is not willing, able or 
HOUSE AMENDMENT 
.. ~. 
~. 
HOUSE 
AMENDMENT ~" to COMMITTEE 
AMENDMENT 
"A" to H.P. 
L.D. 1916 
1418, 
reasonably available to act as guardian, I nominate the alternate 
agents whom I have named, in the order designated. 
t9+---HEAbTR--IN~9RMA~19N--AN~--9~HER--ME~lbAb--REb9R~S+---IB 
aeeiEieB-~e-~he-~~-~~~~~~~~~~~&~r-~~taB~-Ee 
my--a~eBE--Eae--peweF--aBe--aQEaeFitY--Ee--seFve--as--my--peFseBa± 
FepFeseBEaEive-~~-~~~-PQ~pe6e6-~--~he-~eQe£~-~1t~-IBsQFaBee 
PeFtaBi±iEy-~aG-~~4t~-A€~--e~--~~~r-~-~~4~eQ--StaEes 
beeeT--S&o-t.-ion--~-6-2QQ--e4;---6~"'7--'.!.&~p.A-A-r'.!.--and--iE&-~~-at.-i~--4§ 
beee-~~-~~~--Re~Q±aEieBs--~~r-~-i~-aBy-~~-~~--my 
a~eBE-4-6-~~~~~~~it~-QBQeF-~a46-~,--~-i&&&B4-~eF 
my-~-~~-&e-~~e~~eQ-~-~-weQ±e-~~it~-FespeeE-~~~-Fi~aEs 
Fe~aFeiB~-~he---us.e-~aG-eise±eSQFe-*--RIjl'--~aG~y.i41*a-~~y.-ieeBEHiaB±e 
aealEa--iB~eFmaEieB--aBe--eEaeF--meeieal--FeeeFesT---~ais--Felease 
aQEaeFiEy-applies-Ee-aBy-iB~eFmaEieB-~eveFBee-ay-HIPAAT 
1--a~~h&Fi~-~-~~~r-~~~~-p~e~e664eB~~7--eeBEisET 
aealEa--p~a&r-~it~~r-~~~~r-~~-at.~~--pR~~ma£y--e~--eEaeF 
eeveFee--aealEa-eaFe--pFevieeFT--aBy--iBsQFaBee--eempaBy--aBe--aBY 
aealEa-eaFe-e~ea~4B~aeQ6e-~h~-~~~~~Feat~-&F-seFviees 
Ee - file- -()ol"- -~~ -aas - ~4.Q--f-O:l'-r--G-F - i s - -6-eek4~"3- -r-e-~-&ement:- -:EoJ:'.Gffi -me 
~eFT-~-seFviees-~~-~iveT-~~~-aBe--r-e-~-te-~-a~eBET 
wiEaeQt-~~~-i~-i~--a~~-*-~-4BQ4¥4QQa~~y--ident-i£-~~-aealEa 
iB~eFmaEieB-~-meeieal-~~~-Fe~aFeiB~-~-pasET-~~--eF 
~QEQFe--meQ4ea~--~--~~--~1t~-~~~r--~--i&e~~e--all 
iB~eFmaEieB-~~~~4~"3-~~-~-eia~Besis-~~Q-~~~~-G-:Eo-HIV~AI~ST 
seHQallY-~~~B6m4~~ee-G4-6~-6e-s7-~~--i~~~~~~-&F-a±eeae± 
aBQSeT 
~ae-~~-i~~~iy.e&-~~~y.-~e£~-~~-aBy-~-~--a~FeemeBt 
EaaE-~-~y.-ha¥e-~-wiEa-~-hea~~h-eaFe-~e¥4Q~-6-~~-FestFiet 
aeeess-~~-eF-~~~-e--e~--RIjl'--iBeivieQally--i~-i-f~-aea±ta 
iB~eFmatieBT--~~~~-it~-~iveB-~~~-a~eB~-~-~-eHpiFaEieB 
eate-aBe-e~p4~e-6-~y--i~~~~~~-~-Fe~~-~he-aQ~heFiEy-iB 
wFiEiB~-aBe-ee±iveF-it-Ee-my-aealEa-eaFe-pFevieeFsT 
Sec. G-2. Effective date. 
This Part takes effect 90 days after 
adjournment 
of 
the 
Second 
Special 
Session 
of 
the 
121st 
Legislature •• 
Further amend the amendment by 
any 
nonconsecutive 
Part 
letter 
or 
consecutively. 
SUMMARY 
relettering or renumbering 
section 
number 
to 
read 
This amendment removes language from the optional form for 
power of attorney for health care that provides the agent the 
HOUSE AMENDMENT 
, 
HOUSE 
AMENDMENT ;])" to COMMITTEE 
AMENDMENT "A" to H. P. 
L.D. 1916 
1418, 
authority to serve as personal representative for all purposes of 
the federal Health Insurance Portability and Accountability Act 
of 1996, also know as "HIPAA." 
It also removes language that 
states the principal's intention that the agent be treated as the 
principal with respect to the use and disclosure of individually 
identifiable health information and other medical records. 
SPONSORED BY: 
(Representative NORBERT) 
TOWN: 
Portland 
HOUSE AMENDMENT