The division has the following duties under this chapter. [2001, c. 678, §1 (NEW); 2001, c. 678, §3 (AFF).]
1.Initial review; other action.
Upon receipt of a notification or report of a sentinel event, the division shall
complete an initial review and may take such other action as the division determines
to be appropriate under applicable rules and within the jurisdiction of the division.
Upon receipt of a notification or report of a suspected sentinel event the division
shall determine whether the event constitutes a sentinel event and complete an initial
review and may take such other action as the division determines to be appropriate
under applicable rules and within the jurisdiction of the division. The division may conduct on-site reviews of medical records and may retain the services
of consultants when necessary to the division.
A. The division may conduct on-site visits to health care facilities to determine compliance
with this chapter. [2009, c. 358, §4 (NEW).]
B. Division personnel responsible for sentinel event oversight shall report to the division's
licensing section only incidences of immediate jeopardy and each condition of participation
in the federal Medicare program related to the immediate jeopardy for which the provider
is out of compliance. [2009, c. 358, §4 (NEW).]
2009, c. 358, §4 (AMD)
The division shall adopt procedures for the reporting, reviewing and handling of
information regarding sentinel events. The procedures must provide for electronic
submission of notifications and reports.
2001, c. 678, §1 (NEW);
2001, c. 678, §3 (AFF)
Notifications and reports filed pursuant to this chapter and all information collected or developed as a result
of the filing and proceedings pertaining to the filing, regardless of format, are
confidential and privileged information.
A. Privileged and confidential information under this subsection is not:
(1) Subject to public access under Title 1, chapter 13, except for data developed
from the reports that do not identify or permit identification of the health care
(2) Subject to discovery, subpoena or other means of legal compulsion for its release
to any person or entity; or
(3) Admissible as evidence in any civil, criminal, judicial or administrative proceeding. [2001, c. 678, §1 (NEW); 2001, c. 678, §3 (AFF).]
B. The transfer of any information to which this chapter applies by a health care facility
to the division or to a national organization that accredits health care facilities
may not be treated as a waiver of any privilege or protection established under this
chapter or other laws of this State. [2001, c. 678, §1 (NEW); 2001, c. 678, §3 (AFF).]
C. The division shall take appropriate measures to protect the security of any information
to which this chapter applies. [2001, c. 678, §1 (NEW); 2001, c. 678, §3 (AFF).]
D. This section may not be construed to limit other privileges that are available under
federal law or other laws of this State that provide for greater peer review or confidentiality
protections than the peer review and confidentiality protections provided for in this
subsection. [2001, c. 678, §1 (NEW); 2001, c. 678, §3 (AFF).]
E. For the purposes of this subsection, "privileged and confidential information" does
(1) Any final administrative action;
(2) Information independently received pursuant to a 3rd-party complaint investigation
conducted pursuant to department rules; or
(3) Information designated as confidential under rules and laws of this State. [2001, c. 678, §1 (NEW); 2001, c. 678, §3 (AFF).]
This subsection does not affect the obligations of the department relating to federal
2009, c. 358, §5 (AMD)
The division shall submit an annual report by February 1st each year to the Legislature, health care facilities and the public that includes summary data
of the number and types of sentinel events of the prior calendar year by type of health
care facility, rates of change and other analyses and an outline of areas to be addressed
for the upcoming year.
2009, c. 358, §6 (AMD)
2001, c. 678, §1 (NEW).
2001, c. 678, §3 (AFF).
2009, c. 358, §§4-6 (AMD).
Data for this page extracted on 12/03/2013 11:58:39.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.