Sec. 1. 22 MRSA §8705, as amended by PL 2003, c. 452, Pt. K, §§28 and 29 and affected by Pt. X, §2, is repealed and the following enacted in its place:

§8705. Enforcement

The board shall adopt rules to ensure that payors and providers file data as required by section 8704, subsection 1, that users that obtain health data and information from the organization safeguard the identification of patients and health care practitioners as required by section 8707, subsections 1 and 3 and that payors and providers pay all assessments as required by section 8706, subsection 2.

1.__Rulemaking.__The board shall adopt rules setting a schedule of fines for failure to file data; failure to pay assessments; and the intentional or knowing unauthorized use or dissemination of health care information that directly or indirectly identifies patients or health care practitioners performing abortions as defined in section 1596.__The rules may contain procedures for monitoring compliance with this chapter.__ For purposes of this subsection, a person acts intentionally with respect to a result of that person's conduct when it is that person's conscious object__to produce such a result.__For purposes of this subsection, a person acts knowingly with respect to a result of that person's conduct when the person is aware that it is practically certain that that person's conduct will cause such a result.

2.__Fines.__Except for circumstances beyond a person's or entity's control:

A.__When a person or entity that is a health care facility, payor, 3rd-party administrator or carrier that provides only administrative services for a plan sponsor violates the requirements of this chapter, other than section 8707, that person or entity commits a civil violation for which a fine of not more than $1,000 per day may be adjudged.__A fine imposed under this paragraph may not exceed $25,000 for any one occurrence; or

B.__A person or entity not covered by paragraph A that violates the requirements of this chapter, other than section 8707, commits a civil violation for which a fine of not more than $100 per day may be adjudged.__A fine imposed under this paragraph may not exceed $2,500 for any one occurrence.