Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 590 - MAINE HEALTH DATA ORGANIZATION › Chapter 120 - RELEASE OF DATA TO THE PUBLIC › Section 590-120-16 - ENFORCEMENT AND PENALTY PROVISIONS

Current through 2024-29, July 17, 2024
1. In addition
				to other applicable civil and criminal provisions, the following provisions
				apply to violations of the laws and these rules for the safeguarding of the
				identification of individual patients and confidential information.
2. Any person or entity that receives data or
				information pursuant to this Chapter or who has access to MHDO data as an
				employee or a vendor of MHDO and who uses, sells or transfers the data in
				violation of the board's rules for commercial advantage, pecuniary gain,
				personal gain or malicious harm is considered to have committed a civil
				violation under 22 M.R.S. § 8705-A for which a fine not to exceed $500,000
				may be levied by the MHDO, as set forth in 90-590 C.M.R. Chapter 100.
3. Reports or knowledge of any such activity
				shall be referred to the MHDO Board by the Executive Director and the Board
				shall investigate such reports, make findings, determine and levy an
				appropriate fine.
4. The MHDO shall
				consider criteria such as the amount of data misused, whether the data misused
				involved any PHI, amount of any gain involved, extent of harm to any individual
				whose data was misused, and any other criteria MHDO deems pertinent to such a
				fine.
5. Any person or entity that
				receives data or information pursuant to this Chapter, and who does not fall
				within Subsection 2, but who violates a provision of a MHDO DUA or these rules,
				does not return or destroy MHDO Data when directed to by the Executive
				Director, or who does not modify a document that contains or uses MHDO Data, in
				accordance with directives of the Executive Director, commits a violation of
				these rules for which a fine of up to $2500 may be levied by the MHDO, in
				accordance with procedures set forth in Chapter 100. Each day that any such
				violation exists may be considered a separate occurrence.
6. Petition for Review; Fair Hearing;
				Judicial Review. Unless otherwise provided for by statute a person adversely
				affected by any determination made under this Section by the MHDO may petition
				the MHDO Board for review of the decision. The petition must be filed within
				fifteen business days, in accordance with 5 M.R.S. Chapter 375. If such
				petition is denied in whole or part, that decision shall be Final Agency Action
				and shall be appealable to Superior Court in accordance with the provisions of
				5 M.R.S. Chapter 375 and M.R.Civ.P. 80C.
7. Upon a finding that a person or entity has
				failed to comply with the requirements of 22 M.R.S., Chapter 1683, any rules
				adopted by the MHDO Board, or pay a fine levied by the MHDO Board, the MHDO
				Board may undertake any or all of the following:
A. Refer the matter to the Department of
				Health and Human Services or board that issued a license to the provider for
				such action as the Department or board considers appropriate.
B. Refer the matter to the Department of
				Professional and Financial Regulation, Bureau of Insurance for such action
				against the payer as the Bureau considers appropriate.
C. Injunctive Relief. File a complaint with
				the Superior Court in the county in which the person resides or the entity is
				located, or in Kennebec County, seeking an order to require that person or
				entity in non-compliance to comply with the requirements for which adjudication
				is being sought, and for the enforcement of any fine determined by the Board or
				for other relief from the court.