Sec. 1. 22 MRSA §1711-C, sub-§1, ¶B-1 is enacted to read:

B-1.__"Electronic transmission intermediary" means an entity that provides the infrastructure that connects the computer systems or other electronic devices used by prescribing practitioners with those used by pharmacies in order to facilitate the secure transmission of electronic prescription orders, refill authorization requests, communications and other patient care information between such entities.

Sec. 2. 22 MRSA §1711-C, sub-§1, ¶F, as amended by PL 1999, c. 512, Pt. A, §5 and affected by §7, is further amended to read:

F. "Health care practitioner" means a person licensed by this State to provide or otherwise lawfully providing health care or a partnership or corporation made up of those persons or an officer, employee, agent or contractor of that person acting in the course and scope of employment, agency or contract related to or supportive of the provision of health care to individuals, a pharmacy benefits manager as defined in section 2699, subsection 1, paragraph F or an electronic transmission intermediary.

SUMMARY

Current law prohibits health care providers, pharmacies and insurance companies from releasing health care information, which is defined as information that directly identifies an individual and that relates to the individual's physical, mental or behavioral condition, personal or family medical history or medical treatment or the health care provided to that individual, unless permission is received from the individual or other authorized person.

This bill applies that prohibition to pharmacy benefits managers and electronic transmission intermediaries.