An Act Concerning the Reporting of Health Care Information to the Emergency Medical Services' Board
Maine Legislature, Session 129, LD 1996
Committee: Health Coverage, Insurance and Financial Services
Sponsors: GATTINE, DESCHAMBAULT
Amends: 32 MRSA §88, 32 MRSA §91-B, 32 MRSA §96

Legislative Document
No. 1996
S.P. 698
In Senate, January 8, 2020
An Act Concerning the Reporting of Health Care Information to the 
Emergency Medical Services' Board
Submitted by the Department of Public Safety pursuant to Joint Rule 203.
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator SANBORN, H. of Cumberland.
Cosponsored by Representative GATTINE of Westbrook and
Senator: DESCHAMBAULT of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §88, sub-§2, ¶K is enacted to read:
K.  The board may collect or receive health care information or records, including 
information or records that identify or permit identification of any patient, for the 
purpose of monitoring and improving the provision of emergency medical services 
within the State.
Sec. 2.  32 MRSA §91-B, sub-§1, ¶E is enacted to read:
E.  Information provided to the board under section 88, subsection 2, paragraph K is 
confidential if the information identifies or permits the identification of a patient or a 
member of that patient's family.
Sec. 3.  32 MRSA §91-B, sub-§1, ¶F is enacted to read:
F.  Information provided to the board under section 96 is confidential if the 
information identifies or permits the identification of a patient who received 
emergency medical treatment or a member of that patient's family.
Sec. 4.  32 MRSA §96 is enacted to read:
§96.  Assessment, treatment and health outcomes
For the purpose of evaluating follow-up assessment and treatment by physicians and 
hospitals and determining health outcomes, the board may request and collect health care 
information or records, including information or records that identify or permit 
identification of any patient, concerning individuals who have received emergency 
medical treatment within the State.
1.  Reporting by physicians and hospitals.  Physicians and hospitals shall report 
health care information concerning individuals who have received emergency medical 
treatment as follows.
A.  A hospital, upon request of the board pursuant to this section, shall report to the 
board information requested by the board, including information or records that 
identify or permit identification of any patient, concerning an individual under or 
formerly under that hospital's care who received emergency medical treatment.  A 
hospital may satisfy the board's request for information by using a state-designated 
statewide health information exchange as described in Title 22, section 1711-C, 
subsection 18.
B.  A physician, upon request of the board pursuant to this section, shall report to the 
board information requested by the board, including information or records that 
identify or permit identification of any patient, concerning an individual under or 
formerly under that physician's care who received emergency medical treatment.  A 
physician may satisfy the board's request for information by using a state-designated 
statewide health information exchange as described in Title 22, section 1711-C, 
subsection 18.
A physician or hospital that reports in good faith in accordance with this subsection is not 
liable for any civil damages for making the report.
SUMMARY
This bill amends the laws governing the reporting of health care information to the 
Department of Public Safety, Maine Emergency Medical Services, Emergency Medical 
Services' Board.  The bill allows the board to collect or receive health care information or 
records, including information or records that identify a patient.  The bill requires 
hospitals and physicians, upon request by the board for the purpose of evaluating follow-
up assessment and treatment by physicians and hospitals and determining health 
outcomes, to provide health care information concerning individuals who have received 
emergency medical treatment.
The bill also makes the reportable health care information confidential.  Personally 
identifiable trauma information is already confidential.