LD 1653
pg. 1
LD 1653 Title Page An Act to Amend the Law Governing the Confidentiality of Health Care Informatio... Page 2 of 8
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LR 1213
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 22 MRSA §1711, 4th ¶, as amended by PL 1997, c. 793, Pt. A, §1
and affected by §10 and as affected by PL 1999, c. 3, §§3 and 5,
is further amended to read:

 
A patient, or if the patient is a minor who has not consented
to health care treatment in accordance with the provisions of
state law, the minor's parent, legal guardian or guardian ad
litem, may submit to a hospital an addition to the patient's
medical records, which must be retained with the medical record
by the hospital. If the hospital adds to the medical record a
statement in response to the submitted addition, the hospital
shall provide a copy to the patient, or if the patient is a minor
who has not consented to health care treatment in accordance with
the provisions of state law, to the minor's parent, legal
guardian or guardian ad litem.

 
Sec. 2. 22 MRSA §1711-B, sub-§3-A, as enacted by PL 1997, c. 793, Pt.
A, §7 and affected by §10 and as affected by PL 1999, c. 3, §§3
and 5, is amended to read:

 
3-A. Additions to treatment records. A patient, or if the
patient is a minor who has not consented to health care treatment
in accordance with the provisions of state law, the minor's
parent, legal guardian or guardian ad litem, may submit to a
health care practitioner an addition to the patient's treatment
records, which must be retained with the treatment record by the
health care practitioner. If the health care practitioner adds
to the treatment record a statement in response to the submitted
addition, the health care practitioner shall provide a copy to
the patient, or if the patient is a minor who has not consented
to health care treatment in accordance with the provisions of
state law, to the minor's parent, legal guardian or guardian ad
litem.

 
Sec. 3. 22 MRSA §1711-C, sub-§1, ¶E, as enacted by PL 1997, c. 793, Pt.
A, §8 and affected by §10 and as affected by PL 1999, c. 3, §§3
and 5, is amended to read:

 
E. "Health care information" means information that directly
identifies the individual and that relates to an individual's
physical, mental or behavioral condition, personal or family
medical history or medical treatment or the health care provided
to that individual. "Health care information" does not include
information that protects the anonymity of the individual by
means of encryption or encoding of individual identifiers or
information pertaining to or derived from federally sponsored,
authorized or regulated research governed by 21 Code of Federal


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