129th MAINE LEGISLATURE SECOND REGULAR SESSION-2020

Legislative Document No. 1996 S.P. 698 In Senate, January 8, 2020

An Act Concerning the Reporting of Health Care Information to the Emergency Medical Services' Board

Submitted by the Department of Public Safety pursuant to Joint Rule 203. Reference to the Committee on Health Coverage, Insurance and Financial Services suggested and ordered printed.

DAREK M. GRANT Secretary of the Senate

Presented by Senator SANBORN, H. of Cumberland. Cosponsored by Representative GATTINE of Westbrook and Senator: DESCHAMBAULT of York.

Printed on recycled paper 1 Be it enacted by the People of the State of Maine as follows:

2 Sec. 1. 32 MRSA §88, sub-§2, ¶K is enacted to read: 3 K. The board may collect or receive health care information or records, including 4 information or records that identify or permit identification of any patient, for the 5 purpose of monitoring and improving the provision of emergency medical services 6 within the State. 7 Sec. 2. 32 MRSA §91-B, sub-§1, ¶E is enacted to read: 8 E. Information provided to the board under section 88, subsection 2, paragraph K is 9 confidential if the information identifies or permits the identification of a patient or a 10 member of that patient's family. 11 Sec. 3. 32 MRSA §91-B, sub-§1, ¶F is enacted to read: 12 F. Information provided to the board under section 96 is confidential if the 13 information identifies or permits the identification of a patient who received 14 emergency medical treatment or a member of that patient's family. 15 Sec. 4. 32 MRSA §96 is enacted to read: 16 §96. Assessment, treatment and health outcomes

17 For the purpose of evaluating follow-up assessment and treatment by physicians and 18 hospitals and determining health outcomes, the board may request and collect health care 19 information or records, including information or records that identify or permit 20 identification of any patient, concerning individuals who have received emergency 21 medical treatment within the State.

22 1. Reporting by physicians and hospitals. Physicians and hospitals shall report 23 health care information concerning individuals who have received emergency medical 24 treatment as follows. 25 A. A hospital, upon request of the board pursuant to this section, shall report to the 26 board information requested by the board, including information or records that 27 identify or permit identification of any patient, concerning an individual under or 28 formerly under that hospital's care who received emergency medical treatment. A 29 hospital may satisfy the board's request for information by using a state-designated 30 statewide health information exchange as described in Title 22, section 1711-C, 31 subsection 18. 32 B. A physician, upon request of the board pursuant to this section, shall report to the 33 board information requested by the board, including information or records that 34 identify or permit identification of any patient, concerning an individual under or 35 formerly under that physician's care who received emergency medical treatment. A 36 physician may satisfy the board's request for information by using a state-designated 37 statewide health information exchange as described in Title 22, section 1711-C, 38 subsection 18.

Page 1 - 129LR3042(01)-1 1 A physician or hospital that reports in good faith in accordance with this subsection is not 2 liable for any civil damages for making the report.

3 SUMMARY 4 This bill amends the laws governing the reporting of health care information to the 5 Department of Public Safety, Maine Emergency Medical Services, Emergency Medical 6 Services' Board. The bill allows the board to collect or receive health care information or 7 records, including information or records that identify a patient. The bill requires 8 hospitals and physicians, upon request by the board for the purpose of evaluating follow- 9 up assessment and treatment by physicians and hospitals and determining health 10 outcomes, to provide health care information concerning individuals who have received 11 emergency medical treatment.

12 The bill also makes the reportable health care information confidential. Personally 13 identifiable trauma information is already confidential.

Page 2 - 129LR3042(01)-1