LD 1760
pg. 2
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LR 2554
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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.

 
Sec. 4. 10 MRSA §689, sub-§1, as enacted by PL 2001, c. 456, §1, is
amended to read:

 
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.

 
Sec. 5. 22 MRSA §8704, sub-§7, as amended by PL 2005, c. 253, §5, is
further amended to read:

 
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.

 
Sec. 6. 22 MRSA §8705-A, sub-§3, ¶B, as enacted by PL 2003, c. 659, §2,
is amended to read:

 
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
$500,000 may be adjudged.

 
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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