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An Act To Improve Care Coordination for Persons with Mental Illness
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1711-C, sub-§6, ¶A, as amended by PL 2011, c. 347, §6, is further amended to read:
 
A. To another health care practitioner or facility for diagnosis, treatment or care of individuals or to complete the responsibilities of a health care practitioner or facility that provided diagnosis, treatment or care of individuals, as provided in this paragraph.
 
(1) For a disclosure within the office, practice or organizational affiliate of the health care practitioner or facility, no authorization is required.
 
(2) For a disclosure outside of the office, practice or organizational affiliate of the health care practitioner or facility, authorization is not required, except that in nonemergency circumstances authorization is required for health care information derived from mental health services provided by:
 
(a) A clinical nurse specialist licensed under the provisions of Title 32, chapter 31;
 
(b) A psychologist licensed under the provisions of Title 32, chapter 56;
 
(c) A social worker licensed under the provisions of Title 32, chapter 83;
 
(d) A counseling professional licensed under the provisions of Title 32, chapter 119; or
 
(e) A physician specializing in psychiatry licensed under the provisions of Title 32, chapter 36 or 48.
 
This subparagraph does not prohibit the disclosure of health care information between a licensed pharmacist and a health care practitioner or facility providing mental health services for the purpose of dispensing medication to an individual.
 
This subparagraph does not prohibit the disclosure without authorization of health care information covered under this section to a state-designated statewide health information exchange that satisfies the requirement in subsection 18, paragraph C of providing a general opt-out provision to an individual at all times and that provides and maintains an individual protection mechanism by which an individual may choose to opt in to allow the state-designated statewide health information exchange to disclose that individual's health care information covered under Title 34-B, section 1207;.
 
This subparagraph does not prohibit the disclosure without authorization of health care information covered under this paragraph to a health care practitioner or health care facility, or to a payor or person engaged in payment for health care, for purposes of care management or coordination of care. Disclosure of psychotherapy notes is governed by 45 Code of Federal Regulations, Section 164.508(a)(2). A person who has made a disclosure under this subparagraph shall make a reasonable effort to notify the individual or the authorized representative of the individual of the disclosure;
Sec. 2.  34-B MRSA §1207, sub-§9  is enacted to read:
 
9.  Disclosure for care management or coordination of care.     Notwithstanding any provision of this section to the contrary, a health care practitioner may disclose without authorization health information for the purposes of care management or coordination of care pertaining to a client as provided in this subsection.
 
A.  Disclosure is permitted to a health care practitioner or health care facility as defined in Title 22, section 1711-C, subsection 1.
 
B.  Disclosure is permitted to a payor or person engaged in payment for health care for the purpose of care management or coordination of care.
 
C.  Disclosure of psychotherapy notes is governed by 45 Code of Federal Regulations, Section 164.508(a)(2).
 
D.  A person who has made a disclosure under this subsection shall make a reasonable effort to notify the individual or the authorized representative of the individual of the disclosure.
 
Effective 90 days following adjournment of the 126th Legislature, First Regular Session, unless otherwise indicated.