An Act To Improve Health Care Data Analysis ”
Maine Legislature, Session 129, LD 0030
Committee Amendment CA_A_H807 (House)
Amends: 5 MRSA §12004-I, 22 MRSA §42, 22 MRSA §8718, 22 MRSA §8703, 22 MRSA §8712, 22 MRSA §8715-A, 22 MRSA §3173, 22 MRSA §8704, 22 MRSA §8719

COMMITTEE AMENDMENT “      ” to H.P. 31, L.D. 30, Bill, “An Act To Improve 
Health Care Data Analysis ”
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'PART A
Sec. A-1.  5 MRSA §12004-I, sub-§30-B is enacted to read:
30-B.  
Sec. A-2.  22 MRSA §42, sub-§5, as amended by PL 2009, c. 514, §1, 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.
The department's confidential records may not be open to public inspection, are not 
public records for purposes of Title 1, chapter 13, subchapter 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.
Date: 
(Filing No. H-          )
Health care; data
Maine Health Data 
Organization Health 
Information 
Advisory Committee
Expenses Only
MRSA §8718
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COMMITTEE AMENDMENT
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; disclosures that are 
specifically required for purposes of reporting data to the Maine Health Data 
Organization as provided for by statute or by rules adopted by the Maine Health Data 
Organization; 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 sections 1533 and 8824.
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. A-3.  22 MRSA §8703, sub-§1, as amended by PL 2019, c. 470, §1, is 
further amended to read:
1.  Objective.  The purposes of the organization are to create and maintain a useful, 
objective, reliable and comprehensive health information database that is used to improve 
the health of Maine citizens and to issue reports, as provided in sections 8712 and 8736 
this chapter.  This database must be publicly accessible while protecting patient 
confidentiality and respecting providers of care.  The organization shall collect, process, 
analyze and report clinical, financial, quality and restructuring data as defined in this 
chapter.
Sec. A-4.  22 MRSA §8712, sub-§2, as amended by PL 2017, c. 232, §2, is 
further amended to read:
2.  Payments.  The organization shall create a publicly accessible interactive website 
that presents reports related to payments for services rendered by health care facilities and 
practitioners to residents of the State.  The services presented must include, but not be 
limited to, imaging, preventative health, radiology, surgical services, comparable health 
care services as defined in Title 24-A, section 4318-A, subsection 1, paragraph A and 
other services that are predominantly elective and may be provided to a large number of 
patients who do not have health insurance or are underinsured.  The website must also be 
constructed to display prices paid by individual commercial health insurance companies, 
3rd-party administrators and, unless prohibited by federal law, governmental payors.  
Beginning October 1, 2012, price information posted on the website must be posted 
semiannually and beginning October 1, 2021 must be posted annually, must display the 
date of posting and, when posted, must be current to within 12 months of the date of 
submission of the information.  Payment reports and price information posted on the 
website must include data submitted by payors with regard to all health care facilities and 
practitioners that provide comparable health care services as defined in Title 24-A, 
section 4318-A, subsection 1, paragraph A or services for which the organization reports 
data pertaining to the statewide average price pursuant to this subsection or Title 24-A, 
section 4318-B.  Upon notice made by a health care facility or practitioner that data 
posted by the organization pertaining to that facility or practitioner is inaccurate or 
COMMITTEE AMENDMENT “      ” to H.P. 31, L.D. 30
COMMITTEE AMENDMENT
incomplete, the organization shall remedy the inaccurate or incomplete data within the 
earlier of 30 days of receipt of the notice and the next semiannual posting date.
Sec. A-5.  22 MRSA §8712, sub-§3, as enacted by PL 2003, c. 469, Pt. C, §29, is 
repealed.
Sec. A-6.  22 MRSA §8712, sub-§4, as enacted by PL 2003, c. 469, Pt. C, §29, is 
repealed.
Sec. A-7.  22 MRSA §8715-A is enacted to read:
§8715-A.  Reporting on cancer data and vital statistics data
The organization may adopt rules to require the reporting of data from the cancer-
incidence registry established pursuant to section 1404 and data related to the registration 
of vital statistics pursuant to section 2701. Rules adopted pursuant to this subsection are 
routine technical rules as described in Title 5, chapter 375, subchapter 2-A.
Sec. A-8.  22 MRSA §8718 is enacted to read:
§8718.  Maine Health Data Organization Health Information Advisory Committee
The Maine Health Data Organization Health Information Advisory Committee, 
referred to in this section as "the advisory committee," is established in accordance with 
this section to make recommendations to the organization regarding public reporting of 
health care trends developed from data reported to the organization pursuant to this 
chapter.
1.  Membership.  The advisory committee consists of the following 11 members:
A.  The executive director of the organization;
B.  One member of the House of Representatives, appointed by the Speaker of the 
House of Representatives;
C.  One member of the Senate, appointed by the President of the Senate;
D.  The commissioner or the commissioner's designee;
E.  The Superintendent of Insurance or the superintendent's designee; and
F.  Six members appointed by the board as follows:
(1)  One member representing consumers of health care;
(2)  One member representing providers of health care;
(3)  One member representing hospitals;
(4)  One member representing employers;
(5)  One member representing insurance carriers; and
(6)  One member representing the state employee health plan under Title 5, 
section 285.
2.  Duties.  The advisory committee shall:
COMMITTEE AMENDMENT “      ” to H.P. 31, L.D. 30
COMMITTEE AMENDMENT
A.  Make recommendations to the organization to establish priorities for health care 
trend data items;
B.  Make recommendations to the organization on the annual public reporting of 
health care trend data items pursuant to this chapter; and
C.  Make additional health care data trend-related recommendations as requested by 
the executive director of the organization.
3.  Terms.  Members of the advisory committee appointed by the board serve 5-year 
terms except for initial appointments.  Initial appointments must include one member 
appointed to a 3-year term, 2 members appointed to 4-year terms and 3 members 
appointed to 5-year terms.  A member may not serve more than 2 consecutive terms.
4.  Compensation.  Members of the advisory committee are eligible for 
compensation according to the provisions of Title 5, chapter 379.
5.  Quorum.  A quorum is a majority of the members of the advisory committee.
6.  Chair and officers.  The advisory committee shall annually choose one of its 
members to serve as chair for a one-year term.  The advisory committee may select other 
officers and designate their duties.
7.  Meetings.  The advisory committee shall meet at least 4 times a year at regular 
intervals and may meet at other times at the call of the chair or the executive director of 
the organization.  Meetings of the council are public proceedings as provided by Title 1, 
chapter 13, subchapter 1.
PART B
Sec. B-1.  22 MRSA §3173, as amended by PL 1997, c. 676, §1 and PL 2003, c. 
689, Pt. B, §6, is further amended by adding at the end a new paragraph to read:
The department shall use the multipayor provider database established in section 
8719 as its primary source of information to update the department's own data and 
publicly available information regarding health provider and service directory 
information, when the information required by the department is already available 
through the multipayor provider database.
Sec. B-2.  22 MRSA §8704, sub-§1, ¶A, as amended by PL 2019, c. 470, §2, is 
further amended to read:
A.  The board shall develop and implement policies and procedures for the collection, 
processing, storage and analysis of clinical, financial, quality, restructuring and 
provider data and prescription drug price data in accordance with this subsection for 
the following purposes:
(1)  To use, build and improve upon and coordinate existing data sources and 
measurement efforts through the integration of data systems and standardization 
of concepts;
(2)  To coordinate the development of a linked public and private sector 
information system;
COMMITTEE AMENDMENT “      ” to H.P. 31, L.D. 30
COMMITTEE AMENDMENT
(3)  To emphasize data that is useful, relevant and not duplicative of existing 
data;
(4)  To minimize the burden on those providing data; and
(5)  To preserve the reliability, accuracy and integrity of collected data while 
ensuring that the data is available in the public domain.
Sec. B-3.  22 MRSA §8719 is enacted to read:
§8719.  Provider database and service locator tool
1.  Provider database.  The organization shall develop and maintain a multipayor 
provider database that must be used by the department to provide information for a 
service locator available on a publicly accessible website for use by the public, by 
providers and by state agencies in accordance with this section. The organization and the 
department shall leverage existing data sources to maintain the database wherever 
possible, as allowable by state and federal law. Creation and maintenance of the database 
may not increase mandatory reporting requirements for providers of physical health 
services, and reporting requirements for providers of behavioral health services must be 
kept to the minimum necessary to ensure development of a useful database and tool for 
analytic, consumer service and provider identification and referral purposes. The 
organization shall collaborate with the department as necessary on the development and 
maintenance of the provider database.
2.  Funding.  The development of the provider database and service locator tool must 
be funded using existing resources within the department and grant funding obtained by 
the department from public and private sources.  The organization and the Office of 
MaineCare Services within the Department of Health and Human Services are jointly 
responsible for the ongoing maintenance costs of the provider database using existing 
resources.
Sec. B-4.  Development of multipayor provider database.  In accordance 
with the Maine Revised Statutes, Title 22, section 8719, the Maine Health Data 
Organization shall develop a plan, in collaboration with the Department of Health and 
Human Services, payors, providers, health care purchasers and representatives of 
consumers, to develop a broad, multipayor provider database.  The organization's 
objective is to develop reporting, use and structure requirements for a multipayor 
provider database that will enable carriers to fulfill their obligation to provide timely and 
accurate provider directories without placing undue, additional administrative burdens on 
providers and to improve the accuracy and mapping of such data for analytic and 
consumer service and provider identification purposes.  The organization shall consult 
with other state and national agencies and organizations to determine best and promising 
practices for the development of the database. The organization shall submit the plan, its 
findings and any recommendations for suggested legislation to the joint standing 
committee of the Legislature having jurisdiction over health coverage and insurance 
matters no later than April 1, 2021. The committee may report out legislation based upon 
the report to any session of the 130th Legislature.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively.
COMMITTEE AMENDMENT “      ” to H.P. 31, L.D. 30
COMMITTEE AMENDMENT
SUMMARY
The amendment replaces the bill, which is a concept draft.
Part A of the amendment does the following.
1.  It reduces the timing of when updates of price information must be posted on the 
Maine Health Data Organization's website from twice annually to once annually and also 
repeals the annual reports required related to a comparison of the 15 most common 
inpatient and outpatient services and to the 10 services and procedures most often 
provided by physicians in a private office setting.
2.  It authorizes the Maine Health Data Organization to adopt rules related to the 
reporting of data from the statewide cancer-incidence registry and data related to vital 
statistics.
3.  It establishes the Maine Health Data Organization Health Information Advisory 
Committee to make recommendations to the organization regarding public reporting of 
health care trends developed from data reported to the organization.
Part B of the amendment directs the Maine Health Data Organization to develop and 
maintain a multipayor provider database and service locator tool in conjunction with the 
Department of Health and Human Services.
Revised: 07/30/20
LD 30
LR 766(02)
Fiscal Detail and Notes
The bill also establishes the Maine Health Data Organization Health Information Trend Advisory Committee. Costs to 
the MHDO, the Bureau of Insurance, the Department of Administrative and Financial Services and the DHHS to serve 
on the committee are expected to be minimal and can be absorbed within existing budgeted resources. 
This bill requires the Maine Health Data Organization (MHDO) and the Department of Health and Human Services 
(DHHS) to develop a multi-payer provider database and service locator tool, with any associated costs to be absorbed 
by the DHHS within existing budgeted resources or through grant funding. The development and implementation of 
this tool is being funded by a $2 million federal grant which expires on 03/29/21. The on-going operating cost for the 
tool is estimated to be $250,000 annually and currently there is no funding for the on-going cost. If the DHHS is not 
able to secure additional grant funding, the impact of this new unfunded cost on other programs in the DHHS could be 
significant.
Fiscal Note
Current biennium cost increase - General Fund
Current biennium cost increase - Federal Expenditures Fund
An Act To Improve Health Care Data Analysis 
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Health Coverage, Insurance and Financial Services
Fiscal Note Required: Yes
LR0766(02) - Fiscal Note - Page 1 of 1