An Act To Enhance the Newborn Hearing Program
Maine Legislature, Session 123, LD 2106
Committee: Health and Human Services
Sponsors: MAKAS, MARRACHE, JONES
Amends: 22 MRSA §42, 22 MRSA §8824

Legislative Document 
No. 2106 
H.P.1492 
House of Representatives, December 31, 2007 
An Act To Enhance the Newborn Hearing Program 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative MAKAS of Lewiston. 
Cosponsored by Senator MARRACHE of Kennebec and 
Representative: JONES of Mount Vernon. 
Printed nn recyded paper 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §42, sub-§5, as amended by PL 200 I, c. 407, § I, is further 
amended to read: 
5. 
Confidentiality of records containing certain medical information. 
Department records that contain personally identifying medical information that are 
created or obtained in connection with the department's public health activities or 
programs are confidential. These records include, but are not limited to, information on 
genetic, communicable, occupational or environmental disease entities, and information 
gathered from public health nurse activities, or any program for which the department 
collects personally identifying medical information. 
II 
The department's confidential records may not be open to public inspection, are not 
public records for purposes of Title I, chapter 13, subchapter I 1 and may not be 
examined in any judicial, executive, legislative or other proceeding as to the existence or 
content of any individual's records obtained by the department. 
IS 
Exceptions to this subsection include release of medical and epidemiologic information in 
such a manner that an individual can not be identified; disclosures that are necessary to 
carry out the provisions of chapter 250; disclosures made upon written authorization by 
the subject of the record, except as otherwise provided in this section; and disclosures that 
are specifically provided for by statute or by departmental rule. The department may 
participate in a regional or national tracking system as provided in section 8824 or both. 
Nothing in this subsection precludes the department, during the data collection phase of 
an epidemiologic investigation, from refusing to allow the inspection or copying of any 
record or survey instrument, including any redacted record or survey instrument, 
containing information pertaining to an identifiable individual that has been collected in 
the course of that investigation. The department's refusal is not reviewable. 
Sec. 2. 22 MRSA §8824, first ~, as amended by PL 2007, c. 236, § 1, is further 
amended to read: 
The department is authorized to implement a tracking system that provides the 
information necessary to effectively plan, establish and evaluate a comprehensive system 
of developmentally appropriate services for newborn infants and children up to 3 years of 
age who are deaf or hard-of-hearing and to ensure that all families are given information 
regarding the availability of hearing screening for their infants. The services must be 
designed to reduce the likelihood of associated disabling conditions for these children. 
The tracking system fffi:I5t may be integrated with any national database or similar system 
developed by the Federal Government or with any regional database or with both. 
SUMMARY 
This bill gives the Department of Health and Human Services the authority to 
participate in a national or regional database or both for tracking information about 
newborns and children who are deaf or hard-of-hearing so as to plan more effectively for 
Page I - 123LR3071(Ol)-1 
I 
developmentally appropriate services to further the goals of the Newborn Hearing 
Program.