An Act Concerning the Reporting of Health Care Information to the Emergency Medical Services' Board”
Maine Legislature, Session 129, LD 1996
Committee Amendment CA_A_S468 (Senate)
Amends: 32 MRSA §91-B, 32 MRSA §96

COMMITTEE AMENDMENT “      ” to S.P. 698, L.D. 1996, Bill, “An Act 
Concerning the Reporting of Health Care Information to the Emergency Medical 
Services' Board”
Amend the bill by striking out everything after section 1 and inserting the following:
'Sec. 2.  32 MRSA §91-B, sub-§1, ¶E is enacted to read:
E.  Information or records provided to the board under section 88, subsection 2, 
paragraph K are confidential if the information or records identify or permit 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 or records provided to the board under section 96 are confidential if 
the information or records identify or permit 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.  Monitoring and improving the provision of emergency medical services and 
health outcomes
For the purpose of monitoring and improving the provision of emergency medical 
services and health outcomes within the State, 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, except for any information or records identifying a 
patient, in any format, that include HIV/AIDS status or test results or that relate to 
referral, treatment or services for behavioral or mental health or substance use disorder.
1.  Reporting by physicians and hospitals.  Hospitals and physicians shall report 
health care information concerning individuals who have received emergency medical 
treatment as follows and in accordance with this section and rules adopted by the board.
Date: 
(Filing No. S-          )
COMMITTEE AMENDMENT “      ” to S.P. 698, L.D. 1996
COMMITTEE AMENDMENT
A.  A hospital shall report to the board information or records 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.
B.  A physician shall report to the board information or records 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.
2.  Access to information through the state-designated statewide health 
information exchange or direct reporting.  A hospital or physician may satisfy the 
board's request for information under subsection 1 as follows.
A.  A hospital or physician that participates in the state-designated statewide health 
information exchange as described in Title 22, section 1711-C may satisfy the board's 
request for information by authorizing the board to retrieve that provider's data from 
the health information exchange.
B.  A hospital or physician that participates in the state-designated statewide health 
information exchange as described in Title 22, section 1711-C that does not authorize 
the board to retrieve that provider's data from the health information exchange shall 
provide the information to the board directly in the manner specified by rule.
3.  Information requested.  When requesting information pursuant to this section 
and any rules adopted by the board, the board shall request only the minimum amount of 
information necessary to fulfill the purposes of this section.
4.  No liability for physician or hospital reporting in good faith.  A physician or 
hospital that reports in good faith in accordance with this section is not liable for any civil 
damages for making the report.
5.  Rulemaking.  The board shall adopt rules regarding the collection and reporting 
of information pursuant to this section, including, but not limited to, the frequency of 
reporting by hospitals and physicians.  Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 5.  Rulemaking by the Emergency Medical Services' Board.  In 
adopting rules pursuant to the Maine Revised Statutes, Title 32, section 96, subsection 5, 
the Department of Public Safety, Maine Emergency Medical Services, Emergency 
Medical Services' Board shall address the following issues:
1.  How different quality initiatives are adopted by the board;
2.  How providers are notified about these different quality initiatives;
3.  How providers communicate their decisions to the board to authorize the state-
designated statewide health information exchange to provide information or records to 
the board;
4.  For providers who authorize the state-designated statewide health information 
exchange to provide information or records to the board, the manner in which a provider 
may revoke that authorization; and
COMMITTEE AMENDMENT “      ” to S.P. 698, L.D. 1996
COMMITTEE AMENDMENT
5.  How information or records remitted from the state-designated statewide health 
information exchange to the board and data remitted from the board to any 3rd parties are 
tracked and reported to providers when data requests are made to the state-designated 
statewide health information exchange.
The rules must include a requirement that any executed agreements must be made 
available to providers if any 3rd parties are provided information or records under those 
agreements.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively.
SUMMARY
Like the bill, this amendment makes changes to the laws governing the reporting of 
health care information to the Department of Public Safety, Maine Emergency Medical 
Services, Emergency Medical Services' Board.  The amendment allows the board to 
request and collect health care information or records, including information or records 
that identify a patient.  The amendment requires hospitals and physicians, upon request 
by the board for the purpose of monitoring and improving the provision of emergency 
medical services and health outcomes, to provide health care information concerning 
individuals who have received emergency medical treatment, except for information that 
includes HIV/AIDS status or test results or that relates to treatment or services for 
behavioral or mental health or substance use disorder.
The amendment makes the reportable health care information confidential.  
Personally identifiable trauma information is already confidential.
The amendment also requires the board to adopt routine technical rules to determine 
how frequently information is reported and guidelines for how the data will be used.
FISCAL NOTE REQUIRED
(See attached)
Approved: 02/19/20
LD 1996
LR 3042(02)
Fiscal Detail and Notes
Minor cost increase - General Fund
Additional costs to the Department of Public Safety associated with rulemaking can be absorbed within existing 
budgeted resources.
An Act Concerning the Reporting of Health Care Information to the Emergency Medical Services' 
Board
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Health Coverage, Insurance and Financial Services
Fiscal Note Required: Yes
Fiscal Note
LR3042(02) - Fiscal Note - Page 1 of 1