LD 1884
pg. 2
Page 1 of 3 PUBLIC Law Chapter 659 Page 3 of 3
Download Chapter Text
LR 2728
Item 1

 
2.__Rulemaking.__The board shall adopt rules to implement this
section.__Rules adopted pursuant to this subsection are major
substantive rules as defined in Title 5, chapter 375, subchapter 2-
A.__The rules may contain procedures for monitoring compliance with
this chapter.__Rules adopted pursuant to this subsection must
include a schedule of fines for:

 
A.__Failure to file data;

 
B.__Failure to pay assessments; and

 
C. Intentionally or knowingly and without authorization
using or disseminating health care information that directly
or indirectly identifies patients or health care
practitioners performing abortions as defined in section
1596.

 
3.__Fines.__The following provisions apply to enforcement
actions under this section 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, except for 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.

 
B.__A person__or entity that receives data or information
under the terms and conditions of section 8707 and
intentionally or knowingly uses, sells or transfers the data
in violation of the board's rules for commercial advantage,
pecuniary gain, personal gain or malicious harm commits a
civil violation for which a fine not to exceed $250,000 may
be adjudged.

 
C.__A person or entity not covered by paragraph A or B that
violates the requirements of this chapter, except for
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.

 
4.__Enforcement action.__Upon a finding that a person or
entity has failed to comply with the requirements of this
chapter, including the payment of a fine determined under this
section, the board may undertake any or all of the following.


Page 1 of 3 Top of Page Page 3 of 3
Related Pages
  Search Bill Text Legislative Information
Bill Directory Search
Bill
Status
Session Information
119th Legislature Bills Maine Legislature

Office of Legislative Information
100 State House Station
Augusta, ME 04333
voice: (207) 287-1692
fax: (207) 287-1580
tty: (207) 287-6826
Word Viewer for Windows Disclaimer