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H.P. 359 - L.D. 503
An Act to Delay the Implementation until October 1, 1999 of Public Law 1997, Chapter 793, "An Act to Provide for Confidentiality of Health Care Information"
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, Maine residents and health care providers have encountered significant difficulties in the implementation of Public Law 1997, chapter 793, on the confidentiality of health care information; and
Whereas, the Legislature requires a period of time to address these difficulties and to ensure that health care information is provided appropriate confidential treatment; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1711-C, sub-§9, ¶A, as enacted by PL 1997, c. 793, Pt. A, §8 and affected by §10, is amended to read:
A. The health care practitioner or facility provided a copy of the original health care record to the 3rd party on or after January October 1, 1999;
Sec. 2. 22 MRSA §1711-C, sub-§16, as enacted by PL 1997, c. 793, Pt. A, §8 and affected by §10, is amended to read:
16. Application. This section applies to all requests and directives to disclose health care information issued or received on or after January October 1, 1999 and to all authorizations to disclose health care information executed on or after January October 1, 1999.
Sec. 3. PL 1997, c. 793, Pt. A, §10 is amended to read:
Sec. A-10. Effective date. This Part takes effect January October 1, 1999 with the exception of section 9 of this Part, which takes effect August 1, 1998.
Sec. 4. PL 1997, c. 793, Pt. B, §6 is amended to read:
Sec. B-6. Effective date. This Part takes effect January October 1, 1999.
Sec. 5. Retroactivity. This Act applies retroactively to January 1, 1999.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective January 14, 1999.
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