An Act Regarding Confidentiality in Litigation
Maine Legislature, Session 122, LD 1415
Committee: Health and Human Services
Sponsors: GERZOFSKY, BRYANT, ASH, FINCH, FISCHER, MAZUREK, MOODY, PERCY, SMITH
Amends: 24 MRSA §2510-A, 24 MRSA §2853

Legislative Document 
No. 1415 
H.P.979 
House of Representatives, March 22, 2005 
An Act Regarding Confidentiality in Litigation 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative GERZOFSKY of Brunswick. 
Cosponsored by Senator BRYANT of Oxford and 
17/~ 
/J7.11!Ii£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ASH of Belfast, FINCH of Fairfield, FISCHER of Presque Isle, MAZUREK 
of Rockland, MOODY of Manchester, PERCY of Phippsburg, SMITH of Van Buren, 
W ALCOTT of Lewiston. 
Printed on re{;ycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §I711-C, sub-§I, ~E, as amended by PL 1999, c. 
512, Pt. A, §5 and affected by §7, is further amended to read: 
E. 
"Health 
care 
information" 
means 
information 
that 
directly identifies the individual and that relates to an 
individual's 
physical, 
mental 
or 
behavioral 
condition, 
personal or family medical history or medical treatment or 
the health care provided to that individual. 
"Health care 
information" does not include information that protects the 
anonymity 
of 
the 
individual 
by 
means 
of 
encryption 
or 
encoding of individual identifiers or information pertaining 
to 
or 
derived 
from 
federally 
sponsored, 
authorized 
or 
regulated 
research 
governed 
by 
Code 
of 
Federal 
Regulations, 
Parts 
and 
and 
Code 
of 
Federal 
Regulations, Part 46, to the extent that such information is 
used 
in 
a 
manner 
that 
protects 
the 
identification 
of 
individuals. 
The Board of Directors of the Maine Health 
Data Organization shall adopt rules to define health care 
information that directly identifies an individual. 
Rules 
adopted pursuant to this paragraph are routine technical 
rules as defined in Title 5, chapter 375, subchapter Il-A 
l=A. 
"Health care information" does not include information that 
is created or received by a member of the clergy or other 
person using spiritual means alone for healing as provided 
in Title 32, sections 2103 and 3270. 
"Health care information" includes orofessional competence 
review records under Title 24, 
chapter 
that directly 
identify the individual. 
Sec. 2. 24 MRSA §2510-A, sub-§5 is enacted to read: 
5. 
Patieut's 
health 
care 
iuformatiou. 
Notwithstanding 
provisions of this chapter to the contrary, a patient's health 
care 
information 
under 
Title 
22, 
chapter 
includes 
professional competence review records that directly identify the 
patient. and the professional competence committee shall ensure 
that 
such 
records 
are 
included 
in 
the 
patient's 
medical 
information records to which the patient has access. 
Sec. 3. 24 MRSA §2853, sub-§3-A is enacted to read: 
A. 
Access to claimant's physician. 
The person or persons 
accused of professional negligence and their counsel 
may not 
contact the claimant's physician except as authorized by the 
claimant's counsel. 
SUMMARY 
This 
bill 
requires 
that 
professional 
competence 
review 
records 
that 
contain 
information that directly identifies 
a 
patient 
are 
considered 
part 
of 
the 
patient's 
health 
care 
information, must be provided protection under the laws of this 
State as well as under the federal Health Insurance Portability 
and Accountability Act of 1996 and must be available to the 
patient. 
Current 
law 
prohibits 
the 
patient 
access 
to 
professional competence review records. 
This 
complaint 
physician 
authorized 
bill prohibits the subject of 
and 
the 
subject's 
attorneys 
of 
the 
medical 
malpractice 
by the claimant's attorney. 
a medical malpractice 
from 
contacting 
the 
claimant 
except 
as