An Act to Implement the Recommendations of the Right To Know Advisory Committee Concerning Public Records Exceptions
Maine Legislature, Session 131, LD 1207
Committee: Judiciary
Amends: 24 MRSA §2302-A, 24 MRSA §2510, 24 MRSA §2604, 24-A MRSA §6907

Legislative Document
No. 1207
H.P. 767
House of Representatives, March 16, 2023
An Act to Implement the Recommendations of the Right To Know 
Advisory Committee Concerning Public Records Exceptions
Reported by Representative MOONEN of Portland for the Joint Standing Committee on 
Judiciary pursuant to the Maine Revised Statutes, Title 1, section 411, subsection 6, paragraph 
G.
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  24 MRSA §2302-A, sub-§3, as enacted by PL 1987, c. 168, §1, is amended 
to read:
3.  Confidentiality.  Any information provided pursuant to this section shall may not 
identify the names of patients.  If patient names are identified in information provided 
pursuant to this section, the patient names are confidential.
Sec. 2.  24 MRSA §2510, sub-§1, as amended by PL 2011, c. 524, §§9 and 10, is 
further amended to read:
1.  Confidentiality; exceptions.  Any reports, information or records received and 
maintained by the board pursuant to this chapter, including any material received or 
developed by the board during an investigation shall be is confidential, except for 
information and data that is developed or maintained by the board from reports or records 
received and maintained pursuant to this chapter or by the board during an investigation 
and that does not identify or permit identification of any patient or physician; provided that 
the board may disclose any confidential information only:
A.  In a disciplinary hearing before the board or in any subsequent trial or appeal of a 
board action or order relating to such disciplinary hearing;
B.  To governmental licensing or disciplinary authorities of any jurisdiction or to any 
health care providers or health care entities located within or outside this State that are 
concerned with granting, limiting or denying a physician's privileges, but only if the 
board includes along with the transfer an indication as to whether or not the information 
has been substantiated by the board;
C.  As required by section 2509, subsection 5;
D.  Pursuant to an order of a court of competent jurisdiction;
E.  To qualified personnel for bona fide research or educational purposes, if personally 
identifiable information relating to any patient or physician is first deleted; or
F.  To other state or federal agencies when the information contains evidence of 
possible violations of laws enforced by those agencies.
Sec. 3.  24 MRSA §2510, sub-§2, as enacted by PL 1977, c. 492, §3, is amended to 
read:
2.  Confidentiality of orders in disciplinary proceedings.  Orders of the board 
relating to disciplinary action against a physician, including orders or other actions of the 
board referring or scheduling matters for hearing, shall not be are not confidential.
Sec. 4.  24 MRSA §2604, as corrected by RR 2015, c. 1, §25, is amended to read:
§2604.  Records of superintendent
For the purpose of evaluation of policy provisions, rate structures and the arbitration 
process and for recommendations of further legislation, the Superintendent of Insurance 
shall retain the information and maintain the files in the form and for such period as the 
superintendent determines necessary. The superintendent shall maintain the reports filed in 
accordance with this section, and all data or information derived therefrom that identifies 
or permits identification of the insured or insureds or the incident or occurrences for which 
a claim was made, as strictly confidential records. Data and information derived from 
reports filed in accordance with this section that do not identify or permit identification of 
the insured or insureds or the incident or occurrence for which a claim was made may be 
released by the superintendent or otherwise made available to the public. Reports made to 
the superintendent and records thereof kept by the superintendent are not subject to 
discovery and are not admissible in any trial, civil or criminal, other than proceedings 
brought before or by the board.
Sec. 5.  24-A MRSA §6907, sub-§1, as enacted by PL 2003, c. 469, Pt. A, §8, is 
amended to read:
1.  Financial information.  Any personally identifiable financial information, 
supporting data or tax return of any person obtained by Dirigo Health under this chapter is 
confidential and not open to public inspection.
Sec. 6.  24-A MRSA §6907, sub-§2, as enacted by PL 2003, c. 469, Pt. A, §8, is 
amended to read:
2.  Health information.  Health information obtained by Dirigo Health under this 
chapter that is covered by the federal Health Insurance Portability and Accountability Act 
of 1996, Public Law 104-191, 110 Stat. 1936 or information covered by chapter 24 or Title 
22, section 1711‑C is confidential and not open to public inspection.
SUMMARY
This bill implements statutory changes recommended by the Right To Know Advisory 
Committee after reviewing certain existing public records exceptions in Titles 23, 24 and 
24-A.
The bill clarifies that patient names contained in utilization review data reports filed by 
nonprofit hospitals and medical service organizations with the Superintendent of Insurance 
must be kept confidential. 
The bill makes grammatical corrections to the confidentiality provisions of the Maine 
Health Security Act related to professional competence reports. 
The bill removes the word "strictly" from the section of the Maine Health Security Act 
requiring confidentiality for all data or information that identifies or permits identification 
of the insured or insureds or the incident or occurrences for which a claim was made 
contained in records of the Superintendent of Insurance retained for the purpose of 
evaluation of policy provisions, rate structures, the arbitration process and for 
recommendations of further legislation. 
The bill removes unnecessary language from the statute governing the confidentiality 
of information within records maintained by Dirigo Health.