| | Emergency preamble. Whereas, Acts of the Legislature do not become | effective until 90 days after adjournment unless enacted as | emergencies; and |
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| | Whereas, the current law regarding confidentiality of health | care information is confusing and complex; and |
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| | Whereas, this situation has led to complications in the ability | of health care facilities to disclose patient information to | significant persons in a patient's life who need that information | and to rely on those significant persons to make decisions about | disclosure when the patient is not in a position to do so; and |
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| | Whereas, the current health care information confidentiality law | must be clarified as soon as possible in the interest of health | care facilities, patients and those who care for them; and |
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| | Whereas, in the judgment of the Legislature, these facts create | an emergency within the meaning of the Constitution of Maine and | require the following legislation as immediately necessary for | the preservation of the public peace, health and safety; now, | therefore, |
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| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 5 MRSA §19203, sub-§2, as amended by PL 1997, c. 793, Pt. B, | §1 and affected by §6, is further amended to read: |
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| | 2. Designated health care provider. To a health care | provider designated by the subject of the test in writing | pursuant to Title 22, section 1711-C. When a patient has | authorized disclosure of HIV test results to a person or | organization providing health care, the patient's health care | provider may make these results available only to other health | care providers working directly with the patient and only for the | purpose of providing direct medical or dental patient care. Any | health care provider who discloses HIV test results in good faith | pursuant to this subsection is immune from any criminal or civil | liability for the act of disclosing HIV test results to other | health care providers; |
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| | Sec. 2. 5 MRSA §19203, sub-§9, as amended by PL 1997, c. 793, Pt. B, | §2 and affected by §6, is further amended to read: |
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| | 9. Medical records. As part of a medical record when release | or disclosure of that record is authorized pursuant to Title 22, | section 1711, 1711-B, subsection 1 or section 1711-C, subsection | 3, 6 or 11 section 19203-D; or |
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