LD 286
pg. 1
LD 286 Title Page An Act to Amend the Laws Concerning Release of Information on Hospitalized Indi... Page 2 of 2
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LR 611
Item 1

 
Emergency preamble. Whereas, Acts of the Legislature do not become
effective until 90 days after adjournment unless enacted as
emergencies; and

 
Whereas, current law prevents the disclosure to the public of
any health care information about a patient without the patient's
written authorization; and

 
Whereas, the public has a right to know whether an individual
has been admitted to or discharged from a health care facility;
and

 
Whereas, it is important that this limited right to know no
longer be abrogated; 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-§6, śC-1 is enacted to read:

 
C-1.__To any person, provided that a disclosure made
pursuant to this paragraph may include only whether an
individual has been admitted to or discharged from a health
care facility and the date of admission or discharge.__For
the purposes of this paragraph, "health care facility":

 
(1)__Means a facility or institution licensed pursuant
to this title that is providing or has provided in-
patient health care to the individual about whom a
request for disclosure has been made under this
paragraph; and

 
(2)__Does not include a home health care provider,
hospice program, pharmacy licensed pursuant to Title
32, state mental health institute, the Elizabeth
Levinson Center, the Aroostook Residential Center or
Freeport Towne Square.

 
Emergency clause. In view of the emergency cited in the preamble,
this Act takes effect when approved.

 
SUMMARY

 
Current law permits limited disclosure of health care
information about an individual by a health care facility without


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