| | | 2-A.__Unauthorized use or disclosure of individually | | identifiable data.__A person__or entity that receives data or | | information under the terms and conditions of section 8707 and | | intentionally and knowingly uses, sells or transfers the data in | | violation of the board's rules for commercial advantage, | | pecuniary gain, personal gain or malicious harm commits a civil | | violation for which a fine not to exceed $250,000 may be | | adjudged. |
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| | | 3.__Enforcement action.__Upon a finding that a person or | | entity has failed to comply with the requirements of this | | chapter, including the payment of a fine determined under this | | section, the board may: |
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| | | A.__File a complaint with the licensing board of the | | provider, seeking disciplinary action against the provider; |
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| | | A-1.__File a complaint with the Department of Professional | | and Financial Regulation, Bureau of Insurance, seeking | | disciplinary action against the payor; or |
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| | | B.__File a complaint with the Superior Court in the county | | in which the person resides or the entity is located or in | | Kennebec County, seeking an order to require that person or | | entity to comply with the requirements of this chapter, | | enforcement of a fine determined under this section or for | | other relief from the court. |
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| | | 4.__Injunctive relief.__In the event of any violation of this | | chapter or any rule pursuant to this chapter, the Attorney | | General may seek to enjoin a further violation in addition to any | | other remedy provided by this chapter. |
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| | | The purpose of this bill is to strengthen the enforcement | | provisions of the Maine Health Data Organization statutes that | | are outdated or inconsistent with other sections of the Maine | | Revised Statutes, Title 22, chapter 1683. The bill provides that | | persons who intentionally or knowingly engage in the unauthorized | | misuse of individually identifiable health information or data | | obtained from the organization are subject to civil fines up to | | $250,000, an amount that is commensurate with the provisions of | | the federal Health Insurance Portability and Accountability Act | | of 1996 for the knowing wrongful disclosure of individually | | identifiable health information. This bill would also allow the | | organization to file a complaint with the Department of | | Professional and Financial Regulation, Bureau of Insurance | | seeking disciplinary action against any payor who violates the | | provisions of Title 22, chapter 1683. Furthermore, the Attorney |
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