Whereas, the current law regarding confidentiality of health care information is confusing and complex; and

Whereas, this situation has led to complications in the ability of health care facilities to disclose patient information to significant persons in a patient's life who need that information and to rely on those significant persons to make decisions about disclosure when the patient is not in a position to do so; and

Whereas, the current health care information confidentiality law must be clarified as soon as possible in the interest of health care facilities, patients and those who care for them; 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. 5 MRSA §19203, sub-§2, as amended by PL 1997, c. 793, Pt. B, §1 and affected by §6, is further amended to read:

2. Designated health care provider. To a health care provider designated by the subject of the test in writing pursuant to Title 22, section 1711-C. When a patient has authorized disclosure of HIV test results to a person or organization providing health care, the patient's health care provider may make these results available only to other health care providers working directly with the patient and only for the purpose of providing direct medical or dental patient care. Any health care provider who discloses HIV test results in good faith pursuant to this subsection is immune from any criminal or civil liability for the act of disclosing HIV test results to other health care providers;

Sec. 2. 5 MRSA §19203, sub-§9, as amended by PL 1997, c. 793, Pt. B, §2 and affected by §6, is further amended to read:

9. Medical records. As part of a medical record when release or disclosure of that record is authorized pursuant to Title 22, section 1711, 1711-B, subsection 1 or section 1711-C, subsection 3, 6 or 11 section 19203-D; or