LD 1401
pg. 5
Page 4 of 8 An Act to Amend the Maine Health Data Organization Statutes Page 6 of 8
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LR 912
Item 1

 
except privileged medical information and confidential commercial
information, provided to the organization under this chapter as
long as individual patients or health care practitioners are not
directly identified. The board shall adopt rules governing public
access in the least restrictive means possible to information that
may indirectly identify a particular patient, or health care
practitioner or provider or payor.

 
Sec. 11. 22 MRSA §8707, sub-§4, as enacted by PL 1995, c. 653, Pt. A,
§2 and affected by §7, is amended to read:

 
4. Confidential or privileged designation. The rules must
determine to be confidential or privileged information all data
designated or treated as confidential or privileged by the Maine
Health Care Finance Commission. Information regarding discounts
off charges, including capitation and other similar agreements,
negotiated between a payor or purchaser and a provider of health
care that was designated as confidential only for a limited time
under the rules of the Maine Health Care Finance Commission is
confidential to the organization, notwithstanding the termination
date for that designation specified under the prior rules. The
board may determine financial data submitted to the organization
under section 8709 to be confidential information if the public
disclosure of the data will directly result in the provider of
the data being placed in a competitive economic disadvantage.__
This section may not be construed to relieve the provider of the
data of the requirement to disclose such information to the
organization in accordance with this chapter and rules adopted by
the board.

 
Sec. 12. 22 MRSA §8708, as amended by PL 1997, c. 525, §4, is
further amended to read:

 
§8708. Clinical data

 
Clinical data must be filed, stored and managed as follows.

 
1. Information required. Pursuant to rules adopted by the
board for form, medium, content and time for filing, each health
care facility shall file with the organization the following
information:

 
A. Scope of service information, including bed capacity, by
service provided, special services, ancillary services,
physician profiles in the aggregate by clinical specialties,
nursing services and such other scope of service information
as the organization determines necessary for the performance
of its duties;

 
B. A completed uniform hospital discharge data set, or
comparable information, for each patient discharged from the
facility after June 30, 1983; for each major ambulatory


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