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treatment or other services provided to any person, including a | | minor or incompetent person, for which coverage, benefit, or | | reimbursement is claimed as long as the policy or certificate | | under which the claim is made provides that access to those | | records is permitted.__Disclosure of confidential communications | | to the 3rd-party reimburser for the purpose specified in this | | subsection is not an express or constructive waiver of the | | privilege with regard to that confidential communication.__This | | section does not prevent access to any records pursuant to any | | peer review or utilization review procedure applied and | | implemented in good faith. |
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| | | 9.__No repeal of other privileges.__This section does not | | repeal by implication any other statute or rule of court | | relating to privilege. |
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| | | Sec. 2. 32 MRSA §7061-A is enacted to read: |
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| | | §7061-A.__Privileged communication |
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| | | When present and authorized to do so, a person licensed | | under this chapter shall claim the privilege provided under | | Title 16, section 53-D for confidential communications between | | a patient and the licensed person. |
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| | | Sec. 3. 32 MRSA §13862, as amended by PL 2001, c. 345, §10, is | | repealed and the following enacted in its place: |
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| | | §13862.__Privileged communication |
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| | | When present and authorized to do so, a person licensed | | under this chapter shall claim the privilege provided under | | Title 16, section 53-D for confidential communications between | | a patient and the licensed person. |
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| | | This bill revises and expands the current laws regarding the | | privilege against disclosure of confidential communications | | between patients and licensed counseling professionals, such | | as marriage and family therapists, and between patients and | | licensed clinical social workers. It provides a number of | | exceptions to the privilege, including allowing disclosure: | | in certain criminal proceedings; when the patient is deceased | | and the information is needed regarding a will or deed; when | | reporting is required by law, such as reporting of child abuse | | or elder abuse; and when needed to determine certain matters | | in a child protection proceeding. The bill also specifies when | | the privilege is considered to be waived and sets forth | | procedures for courts in handling claims of privilege. |
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