CHAPTER 95
H.P. 967 - L.D. 1390
Resolve, Regarding Legislative Review of Chapter 120: Release of Data to the Public, a Major Substantive Rule of the Maine Health Data Organization
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and
Whereas, the above-named major substantive rule has been submitted to the Legislature for review; and
Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; 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
Sec. 1. Adoption. Resolved: That final adoption of Chapter 120: Release of Data to the Public, a provisionally adopted major substantive rule of the Maine Health Data Organization that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized provided the rule is amended to add the following provisions:
1. In section 9, on review of requests for clinical data, in paragraph A, subsection 4, language must be added providing a health care quality exception and extending the exception that applies to an authorized public health study to health care quality analyses;
2. In section 9, on review of requests for clinical data, in paragraph B, subsection 2, language must be added providing a reference to the health care quality exception; and
3. In section 9, on review of requests for clinical data, a new paragraph E must be added to provide a health care quality exception to allow release of data that identifies individual health care practitioners to the Maine Quality Forum for the purpose of undertaking health care quality analyses pursuant to the Maine Revised Statutes, Title 24-A, chapter 87, subchapter 2.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective June 7, 2005.
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