LD 207
pg. 3
Page 2 of 6 An Act to Clarify the Confidentiality of Health Care Information Page 4 of 6
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LR 1608
Item 1

 
or other proceedings without the consent of the person who is the
subject of an HIV test, except in the following cases:

 
A.__Proceedings held pursuant to the communicable disease
laws, Title 22, chapter 251;

 
B.__Proceedings held pursuant to the Adult Protective
Services Act, Title 22, chapter 958-A;

 
C.__Proceedings held pursuant to the child protection laws,
Title 22, chapter 1071;

 
D.__Proceedings held pursuant to the mental health laws,
Title 34-B, chapter 3, subchapter IV, article III; and

 
E.__Pursuant to a court order upon a showing of good cause,
provided that the court order limits the use and disclosure
of records and provides sanctions for misuse of records or
sets forth other methods for ensuring confidentiality.

 
3.__Utilization review; research.__Nothing in this section may
be interpreted to prohibit reviews of medical records for
utilization review purposes by duly authorized utilization review
committees or peer review organizations.__ Qualified personnel
conducting scientific research, management audits, financial
audits or program evaluation with the use of medical records may
not identify, directly or indirectly, any individual patient in
any report of such research, audit, evaluation or otherwise
disclose the identities of persons tested in any manner.

 
4.__Access by health care providers.__Nothing in this section
may prohibit access to medical records by the designated health
care provider of the person who is the subject of an HIV test in
accordance with section 19203, subsection 2.

 
5.__Confidentiality policy.__Health care providers and others
with access to medical records containing HIV infection status
information shall have a written policy providing for
confidentiality of all patient information consistent with this
chapter.__That policy must require, at a minimum, action
consistent with disciplinary procedures for violations of the
confidentiality policy.

 
Sec. 5. 22 MRSA §1711, as amended by PL 1997, c. 793, Pt. A, §1 and
affected by §10, is further amended to read:

 
§1711. Patient access to hospital medical records

 
If a patient of an institution licensed as a hospital by the
State, after discharge from such institution, makes written


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