APPROVED CHAPTER
MARCH 17, 2021 15
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
S.P. 12 - L.D. 5
An Act Concerning the Reporting of Health Care Information or Records to
the Emergency Medical Services' Board
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, in order to be fully implemented, this legislation requires the adoption of
rules by the Emergency Medical Services’ Board; and
Whereas, it is important for the board to be able to begin the rule-making process as
soon as possible; 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. 32 MRSA §88, sub-§2, ¶K is enacted to read:
K. The board may collect or receive health care information or records, including
information or records that identify or permit identification of any patient, for the
purpose of monitoring and improving the provision of emergency medical services and
health outcomes within the State.
Sec. 2. 32 MRSA §91-B, sub-§1, ¶E is enacted to read:
E. Health care information or records provided to the board under section 88,
subsection 2, paragraph K are confidential if the information or records identify or
permit the identification of a patient or a member of that patient's family.
Sec. 3. 32 MRSA §91-B, sub-§1, ¶F is enacted to read:
F. Health care information or records provided to the board under section 96 are
confidential if the information or records identify or permit the identification of a
patient who received emergency medical treatment or a member of that patient's
family.
Page 1 - 130LR0176(03)
 Sec. 4. 32 MRSA §96 is enacted to read:
§96. Monitoring and improving the provision of emergency medical services and
health outcomes
For the purpose of monitoring and improving the provision of emergency medical
services and health outcomes within the State, the board may request and collect health
care information or records, including information or records that identify or permit
identification of any patient, concerning individuals who have received emergency medical
treatment within the State, except for any information or records identifying a patient, in
any format, that include HIV or AIDS status or test results, that relate to abortion,
miscarriage, domestic violence or sexual assault or that relate to referral, treatment or
services for a behavioral or mental health disorder or substance use disorder.
1. Reporting by hospitals and physicians. Hospitals and physicians shall report
health care information or records concerning individuals who have received emergency
medical treatment as follows and in accordance with this section and rules adopted by the
board.
A. A hospital shall report to the board health care information or records requested by
the board, including information or records that identify or permit identification of any
patient, concerning an individual under or formerly under that hospital's care who
received emergency medical treatment.
B. A physician shall report to the board health care information or records requested
by the board, including information or records that identify or permit identification of
any patient, concerning an individual under or formerly under that physician's care who
received emergency medical treatment.
2. Access to health care information or records through a state-designated
statewide health information exchange or direct reporting. A hospital or physician
may satisfy the board's request for health care information or records under subsection 1 as
follows.
A. A hospital or physician that participates in a state-designated statewide health
information exchange as described in Title 22, section 1711-C may satisfy the board's
request for health care information or records by authorizing the board to retrieve that
hospital's or physician's data from the health information exchange.
B. A hospital or physician that participates in a state-designated statewide health
information exchange as described in Title 22, section 1711-C that does not authorize
the board to retrieve that hospital's or physician's data from the health information
exchange shall provide the health care information or records to the board directly in
the manner specified by rule.
3. Health care information and records requested. When requesting health care
information or records pursuant to this section and any rules adopted by the board, the
board shall request only the minimum amount of information or number of records
necessary to fulfill the purposes of this section.
4. No liability for hospital or physician reporting in good faith. A hospital or
physician that reports in good faith in accordance with this section is not liable for any civil
damages for making the report.
Page 2 - 130LR0176(03)
 5. Rulemaking. The board shall adopt rules regarding the collection and reporting of
health care information and records pursuant to this section, including, but not limited to,
the frequency of reporting by hospitals and physicians. Rules adopted pursuant to this
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 5. Rulemaking by the Emergency Medical Services' Board. In adopting
rules pursuant to the Maine Revised Statutes, Title 32, section 96, subsection 5, the
Department of Public Safety, Maine Emergency Medical Services, Emergency Medical
Services' Board shall address the following issues:
1. How different quality initiatives are adopted by the board;
2. How providers are notified about the different quality initiatives in subsection 1;
3. How providers communicate their decisions to the board to authorize a state-
designated statewide health information exchange as described in Title 22, section 1711-C
to provide health care information or records to the board;
4. For providers who authorize a state-designated statewide health information
exchange to provide health care information or records to the board, the manner in which
a provider may revoke that authorization; and
5. How health care information or records remitted from a state-designated statewide
health information exchange to the board and data remitted from the board to any 3rd
parties are tracked and reported to providers when data requests are made to the state-
designated statewide health information exchange.
The rules must include a requirement that any executed agreements must be made
available to providers if any 3rd parties are provided health care information or records
under those agreements.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
Page 3 - 130LR0176(03)