An Act To Improve Care Coordination for Persons with Mental Illness
Maine Legislature, Session 126, LD 0534
Committee: Health and Human Services
Sponsors: PRINGLE, GRATWICK, CASSIDY, DION, MALABY, POULIOT, SANBORN, SIROCKI, TYLER, CRAVEN
Amends: 22 MRSA §1711-C, 34-B MRSA §1207

Legislative Document 
No. 534 
H.P. 353 
House of Representatives, February 19, 2013 
An Act To Improve Care Coordination for Persons with Mental 
Illness 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative PRINGLE of Windham. 
Cosponsored by Senator GRATWICK of Penobscot and 
Representatives: CASSIDY of Lubec, DION of Portland, MALABY of Hancock, POULIOT of 
Augusta, SANBORN of Gorham, SIROCKI of Scarborough, TYLER of Windham, Senator: 
CRAVEN of Androscoggin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §1711-C, sub-§6, ¶A, as amended by PL 2011, c. 347, §6, is 
further amended to read: 
A.  To another health care practitioner or facility for diagnosis, treatment or care of 
individuals or to complete the responsibilities of a health care practitioner or facility 
that provided diagnosis, treatment or care of individuals, as provided in this 
paragraph. 
(1) For a disclosure within the office, practice or organizational affiliate of the 
health care practitioner or facility, no authorization is required. 
(2)  For a disclosure outside of the office, practice or organizational affiliate of 
the health care practitioner or facility, authorization is not required, except that in 
nonemergency circumstances authorization is required for health care 
information derived from mental health services provided by: 
(a) A clinical nurse specialist licensed under the provisions of Title 32, 
chapter 31; 
(b) A psychologist licensed under the provisions of Title 32, chapter 56; 
(c)  A social worker licensed under the provisions of Title 32, chapter 83; 
(d)  A counseling professional licensed under the provisions of Title 32, 
chapter 119; or 
(e)  A physician specializing in psychiatry licensed under the provisions of 
Title 32, chapter 36 or 48. 
This subparagraph does not prohibit the disclosure of health care information 
between a licensed pharmacist and a health care practitioner or facility providing 
mental health services for the purpose of dispensing medication to an individual. 
This subparagraph does not prohibit the disclosure without authorization of 
health care information covered under this section to a state-designated statewide 
health information exchange that satisfies the requirement in subsection 18, 
paragraph C of providing a general opt-out provision to an individual at all times 
and that provides and maintains an individual protection mechanism by which an 
individual may choose to opt in to allow the state-designated statewide health 
information exchange to disclose that individual's health care information 
covered under Title 34-B, section 1207;. 
This subparagraph does not prohibit the disclosure without authorization of 
health care information covered under this section, including health care 
information derived from mental health services provided by persons described in 
divisions (a) to (e), to another health care practitioner or facility or to a payor or 
person engaged in the payment for health care under a public program for the 
payment of health care for purposes of care management and coordination of 
care; 
Sec. 2.  34-B MRSA §1207, sub-§1, ¶B, as repealed and replaced by PL 2009, c. 
415, Pt. A, §20, is amended to read: 
B.  Information may be disclosed if necessary to carry out the statutory functions of 
the department; the hospitalization provisions of chapter 3, subchapter 4; the 
provisions of section 1931; the purposes of sections 3607-A and 3608; the purposes 
of Title 5, section 19506; the purposes of United States Public Law 99-319, dealing 
with the investigatory function of the independent agency designated with advocacy 
and investigatory functions under United States Public Law 88-164, Title I, Part C or 
United States Public Law 99-319; or the investigation and hearing pursuant to Title 
15, section 393, subsection 4-A; or purposes of care management and coordination of 
care under Title 22, section 1711-C, subsection 6, paragraph A; 
SUMMARY 
This bill provides an exception to the health care information confidentiality laws that 
protect mental health information for the purposes of care management and coordination 
of care.