An Act To Amend the Maine Health Data Organization and Maine Health Data Processing Center Laws Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. 10 MRSA §684, sub-§5, as enacted by PL 2001, c. 456, §1, is amended to read: 5. Cooperation with agencies and organizations. Cooperate with and avail itself of the services of government agencies and the University of Maine System and cooperate, assist and otherwise encourage organizations, local or regional, private or public, in the various communities of the State in the collection and processing of health care data; aRe Sec. 2. 10 MRSA §684, sub-§6, as corrected by RR 2001, c. 2, Pt. B, §22 and affected by §58, is amended to read: 6. Bylaws. Adopt bylaws that are consistent with this chapter for the governance of the affairs of the center, have the general powers accorded corporations under Title 13-C, section and do all other things necessary or convenient to carry out the lawful purposes of the centerT~ Page l-LR2554(3) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 1760
Committee Amendment CA_B_S516 (Senate)
Amends: 10 MRSA §684, 10 MRSA §689, 22 MRSA §8704

COMMITTEE AMENDMENT "B" to S.P. 677, L.D. 1760, Bill, "An 
Act To Amend the Maine Health Data Organization Laws Regarding 
Dental Services" 
Amend the bill by striking out the title and substituting_ 
the following: 
'An Act To Amend the Maine Health Data Organization and Maine 
Health Data Processing Center Laws' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 10 MRSA §684, sub-§5, as enacted by PL 2001, c. 456, 
§1, is amended to read: 
5. 
Cooperation with agencies and organizations. 
Cooperate 
with and avail itself of the services of government agencies and 
the 
University 
of 
Maine 
System 
and 
cooperate, 
assist 
and 
otherwise encourage organizations, local or regional, private or 
public, in the various communities of the State in the collection 
and processing of health care data; aRe 
Sec. 2. 10 MRSA §684, sub-§6, as corrected by RR 2001, c. 2, 
Pt. B, §22 and affected by §58, is amended to read: 
6. 
Bylaws. 
Adopt bylaws that are consistent with this 
chapter for the governance of the affairs of the center, have the 
general powers accorded corporations under Title 13-C, section 
and do all other things necessary or convenient to carry out 
the lawful purposes of the centerT~ 
Page l-LR2554(3) 
COMMITTEE AMENDMENT 
a.~. 
". 
COMMITTEE AMENDMENT "B" to S.P. 677, L.D. 1760 
Sec.3. 10 MRS A §684, sub-§7 is enacted to read: 
7. 
Process data on behalf of entities outside State. 
Enter, 
to offset its operating costs, 
into 
contracts 
under 
subsection 4 with governmental or private entities outside the 
State 
to 
collect 
and 
process 
health 
care 
data 
for 
those 
entities. 
Data collected and processed by the center under such 
a 
contract is subject to the terms of the contract and the 
prov~s~ons of this chapter. 
Notwithstanding section 682, data 
collected under this subsection remain the sole and exclusive 
property of the entity contracting with the center. 
Sec. 4. 10 MRSA §689, sub-§I, as enacted by PL 2001, c. 456, 
§l, is amended to read: 
1. 
Net earnings of center. 
The annual net earnings of the 
center must be distributed to the Maine Health Data Organization 
and the Maine Health Information Center in proportion to the 
average 
annual 
funding 
provided 
by 
each 
entity 
for 
the 
operational costs of the center. 
The net earnings of the center 
may 
not 
inure 
to 
the benefit of 
any 
officer, 
director 
or 
employee, except that the center is authorized and empowered to 
pay reasonable compensation for services rendered and otherwise 
hold, manage and dispose of its property in furtherance of the 
purposes of the center. 
Sec. 5. 22 MRSA §8704, sub-§7, as amended by PL 2005, c. 253, 
§5, is further amended to read: 
7. 
Annual report. 
The board shall prepare and submit an 
annual report on the operation of the organization and the Maine 
Health Data Processing Center as authorized in Title 10, section 
681, including any activity contracted for by the organization 
and contracted services provided by the center, with resulting 
net earnings, to the Governor and the joint standing committee of 
the 
Legislature 
having 
jurisdiction 
over 
health 
and 
human 
services matters no later than February 1st of each year. 
The 
report must include an annual accounting of all revenue received 
and expenditures incurred in the previous year and all revenue 
and expenditures planned for the next year. 
The report must 
include a list of persons or entities that requested data from 
the organization in the preceding year with a brief summary of 
the stated purpose of the request. 
Sec. 6. 22 MRS A §8705-A, sub-§3, 1f.B, as enacted by PL 2003, c. 
659, §2, is amended to read: 
B. 
A person or 
under 
the 
terms 
entity that receives 
and 
conditions 
of 
data or 
section 
information 
8707 
and 
COMMITTEE AMENDMENT 
~if>· 
COMMITTEE AMENDMENT "S" to S.P. 677, L.D. 1760 
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 $699 T 999 
$500,000 may be adjudged.' 
SUMMARY 
This amendment, which is the minority report of the Joint 
Standing Committee on Health and Human Services, 
removes the 
provision of the bill that subjects dental services insurance 
policies to the permanent funding assessment under the Maine 
Heal th Data Organization laws. 
The amendment allows the Maine 
Health Data Processing Center to receive and process claims from 
entities outside of the State, specifies how&the net earnings of 
the 
center 
must 
be 
distributed 
and 
requires 
the 
Board 
of 
Directors of the Maine Health Data Organization to report those 
net earnings each year. 
This 
amendment also increases the fine 
from $250,000 to 
$500,000 for a person who receives and uses data of the Maine 
Health Data Organization for commercial advantage, pecuniary or 
personal gain or malicious harm. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/01/06 ~aC!-
LD 1760 
2554(03) 
An Act To Amend the Maine Health Data Organization Laws Regarding Dental Services 
Fiscal Note for Bill as Amended by Committee Amendment ''8 " 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium revenue increase - Other Special Revenue Funds 
Potential future biennium cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
The Maine Health Data Organization and the Maine Health Data Processing Center may receive additional revenue 
and may incur additional costs as a result of the provisions of this bill. The exact amounts and the resulting net impact 
cannot be determined at this time. The bill as amended does not subject dental services insurance polices to the 
MHDO assessment. This would not affect total MHDO revenue collected because other payers would make up the 
difference. 
LR2554(3) - Fiscal Note - Page 1 of 1