Sec. 1. 22 MRSA §8705, sub-§1, as amended by PL 2001, c. 457, §11, is further amended to read:

1. Rulemaking. The board shall adopt rules setting a schedule of forfeitures for failure to file data as required and failure to pay assessments, and willful or negligent failure to safeguard the identity of patients or providers. The rules may contain procedures for monitoring compliance with this chapter.

Sec. 2. 22 MRSA §8706, sub-§2, as amended by PL 2001, c. 457, §13, is further amended to read:

2. Permanent funding. Permanent funding for the organization is provided from reasonable costs, and user fees and assessments according to this subsection and as provided by rules adopted by the board.

A. Fees may be charged for the reasonable costs of duplicating, mailing, publishing and supplies.

B. Reasonable user fees must be charged on a sliding scale for the right to access and use the health data and information available from the organization. Fees may be charged for services provided to the department on a contractual basis. Fees must be waived for the Bureau of Insurance. Fees may be reduced or waived for users that demonstrate a plan to use the data or information in research of general value to the public health or inability to pay the scheduled fees, as provided by rules adopted by the board.

C. The operations of the organization must be supported from 3 sources as provided in this paragraph:

(1) Fees collected pursuant to paragraphs A and B;

(2) Annual assessments of not less than $100 assessed against the following entities licensed under Titles 24 and 24-A: nonprofit hospital and medical service organizations, health insurance carriers and health maintenance organizations on the basis of the total annual health care premium; and 3rd-party administrators and carriers that provide only administrative services for a plan sponsor on the basis of claims processed or paid for each plan sponsor. The assessments are to be determined on an annual basis by the board. Health care policies issued for specified disease, accident, injury, hospital indemnity,