An Act To Improve Timely Access to Health Care Data
Maine Legislature, Session 125, LD 1467
Committee: Insurance and Financial Services
Sponsors: CAIN, CRAVEN, EVES, PETERSON, STRANG BURGESS, STUCKEY, ROSEN
Amends: 10 MRSA §682-A

Legislative Document 
No. 1467 
H.P. 1076 
House of Representatives, April 12, 2011 
An Act To Improve Timely Access to Health Care Data 
(EMERGENCY) 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CAIN of Orono. 
Cosponsored by Senator CRAVEN of Androscoggin and 
Representatives: EVES of North Berwick, PETERSON of Rumford, STRANG BURGESS of 
Cumberland, STUCKEY of Portland, Senator: ROSEN of Hancock. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this bill establishes the Health Information Database Advisory Group to 
advise the Maine Health Data Processing Center and the Maine Health Data Organization 
on the maintenance and updating of the all-payor and all-setting health care database 
system; and 
Whereas, this bill requires the Health Information Database Advisory Group to 
submit its recommendations no later than January 1, 2012; and 
Whereas, immediate enactment of this bill is necessary to give the Health 
Information Database Advisory Group adequate time to fulfill its duties; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  10 MRSA §682-A is enacted to read: 
§682-A.  Health information database; access to data 
1.  Database.  Under the direction of the Health Information Database Advisory 
Group, established in subsection 2, the center, established in section 681, in conjunction 
with the Maine Health Data Organization, established in Title 22, chapter 1683, and 
Onpoint Health Data shall maintain and update the all-payor and all-setting health care 
database system to improve timely access to data in accordance with the following. 
A.  An independent manager of the center must be appointed to manage the 
processing of the database in a neutral manner.  Only one system for processing the 
database and establishing central data files may be supported. 
B.  All current requirements for claims submissions must be maintained, except that 
the requirement that payors submit dental claims and the requirement that small 
commercial payors covering 50 to 499 lives submit claims must be evaluated. 
C.  The MaineCare and Medicare programs, to the extent permitted under federal 
law, shall submit claims data through the same processing system and in the same 
manner as commercial payors. 
D.  Health plans must be required to submit provider contact information, including 
address and physical location, and expanded personal health care information related 
to claims data using 2-way encryption technology or other technology to protect the 
confidentiality of the information. 
E.  New performance standards must be implemented to improve the timeliness of the 
data, including changes to filing requirements, standardized reporting and the 
development of a database repository.  If performance standards recommended by the 
Health Information Database Advisory Group established in subsection 2 are not met, 
the Health Information Database Advisory Group is authorized through a competitive 
bidding process to contract with a qualified independent entity for services that meet 
the performance standards established in accordance with this paragraph. 
F.  Standards for reporting from the database must be updated with the input of 
stakeholders, including payors, providers and organizations seeking access to the 
database. 
G.  The assessments charged to payors and providers submitting claims data must be 
reduced to reflect updates made in accordance with this section. 
H.  User licenses must be established to provide access to the database by qualified 
licensees. 
The Maine Health Data Organization may adopt or amend its rules as necessary to 
implement the requirements of this subsection. Rules adopted pursuant to this subsection 
are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
2.  Health Information Database Advisory Group established.  The Health 
Information Database Advisory Group, referred to in this subsection as "the advisory 
group," is established to advise the center and the Maine Health Data Organization, 
established in Title 22, chapter 1683, on the maintenance and updating of the all-payor 
and all-setting health care database system to improve timely access to data in accordance 
with subsection 1. 
A.  The advisory group is composed of 9 members appointed as follows: 
(1)  Four members appointed by the Governor as follows: 
(a)  One member representing a statewide health management coalition; 
(b)  Two members representing public or private employers; and 
(c)  One member representing hospitals; 
(2)  Two members appointed by the President of the Senate, one member 
representing physicians and one member representing health plans; 
(3)  Two members appointed by the Speaker of the House, one member who has 
expertise in health data and one member who represents consumers; and 
(4)  The Director of the Maine Quality Forum or the director's designee, who 
serves as an ex officio voting member of the board. 
B.  The terms, compensation and chair of the advisory group are established as 
follows. 
(1)  The members of the advisory group are appointed for terms of 5 years.  
Members may serve beyond their designated terms until their successors are 
appointed. 
(2)  Public members not otherwise compensated by their employers or other 
entities that they represent are entitled to receive reimbursement of necessary 
expenses. 
(3)  At the first meeting, the advisory group shall select a chair from among its 
members and may select a new chair annually. 
C.  The advisory group shall submit a report, including any recommendations for 
legislation, to the joint standing committee of the Legislature having jurisdiction over 
insurance and financial services matters and to the Maine Health Data Organization 
no later than January 1, 2012 and annually by January 1st thereafter.  The joint 
standing committee may report out a bill based on the initial report to the Second 
Regular Session of the 126th Legislature. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill requires the Maine Health Data Processing Center to update its all-payor and 
all-setting health care database system.  The bill also requires that an independent 
manager of the database be established.  The bill also requires that standards for reporting 
from the database be updated with input from stakeholders and that assessments to payors 
and providers submitting data be reduced accordingly.  It also requires that user licenses 
be established.  The bill establishes the Health Information Database Advisory Group to 
advise the Maine Health Data Processing Center and the Maine Health Data 
Organization.