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subject to the terms of the contract and the provisions of this | chapter.__Notwithstanding section 682, data collected under this | subsection remain the sole and exclusive property of the entity | contracting with the center. |
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| | Sec. 4. 10 MRSA §689, sub-§1, as enacted by PL 2001, c. 456, §1, is | amended to read: |
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| | 1. Net earnings of center. The annual net earnings of the | center must be distributed to the Maine Health Data Organization | and the Maine Health Information Center in proportion to the | average annual funding provided by each entity for the | operational costs of the center. The net earnings of the center | may not inure to the benefit of any officer, director or | employee, except that the center is authorized and empowered to | pay reasonable compensation for services rendered and otherwise | hold, manage and dispose of its property in furtherance of the | purposes of the center. |
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| | Sec. 5. 22 MRSA §8704, sub-§7, as amended by PL 2005, c. 253, §5, is | further amended to read: |
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| | 7. Annual report. The board shall prepare and submit an | annual report on the operation of the organization and the Maine | Health Data Processing Center as authorized in Title 10, section | 681, including any activity contracted for by the organization or | contracted services provided by the center, with resulting net | earnings, to the Governor and the joint standing committee of the | Legislature having jurisdiction over health and human services | matters no later than February 1st of each year. The report must | include an annual accounting of all revenue received and | expenditures incurred in the previous year and all revenue and | expenditures planned for the next year. The report must include | a list of persons or entities that requested data from the | organization in the preceding year with a brief summary of the | stated purpose of the request. |
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| | Sec. 6. 22 MRSA §8705-A, sub-§3, ¶B, as enacted by PL 2003, c. 659, §2, | is amended to read: |
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| B. A person or entity that receives data or information | under the terms and conditions of section 8707 and |
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| 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 | $500,000 may be adjudged. |
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| | Sec. 7. 22 MRSA §8706, sub-§2, ¶C, as amended by PL 2001, c. 457, §13, | is further amended to read: |
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