An Act To Protect Certain Information under the Maine Human Rights Act
Sec. 1. 5 MRSA §4612, sub-§1, ¶B, as amended by PL 2009, c. 235, §2, is further amended to read:
Sec. 2. 5 MRSA §4612, sub-§5, as amended by PL 2011, c. 613, §20 and affected by §29, is repealed and the following enacted in its place:
(1) Information identifying a person who is not a party to a complaint under this chapter as a complainant or a respondent is not reflected in the record; and
(2) Medical records, medical diagnoses, medical information and information regarding a complainant's disability is not reflected in the record.
(1) During an investigation conducted pursuant to subsection 1, the commission or its delegated commissioner or investigator may request and is entitled to receive access to the complainant’s medical records, medical diagnoses, medical information and information regarding any disability experienced by the complainant;
(2) During an investigation conducted pursuant to subsection 1, medical records, medical diagnoses, medical information and information regarding an individual’s disability that are used by an investigator must be provided to the commission or its delegated commissioner or investigator with the names redacted of individuals who are not parties to the complaint, except that, upon request, the commission or its delegated commissioner or investigator and the complainant may receive unredacted records;
(3) During an investigation conducted pursuant to subsection 1, if the case relates to the complainant’s medical diagnoses or disability, the respondent is entitled to receive unredacted copies of the complainant’s medical records, medical diagnoses, medical information and information regarding any disability experienced by the complainant, if:
(a) The complainant authorizes that disclosure to the respondent by signing the medical release form provided by the commission; and
(b) The respondent signs the nondisclosure agreement provided by the commission;
(4) Nothing in this paragraph may be construed to limit the ability of the commission during the pendency of an investigation or during its deliberations on a complaint at a public hearing to consider or discuss a complainant’s medical records, medical diagnoses, medical information and information regarding any disability experienced by the complainant if that information is relevant to consideration of and deliberation on the complaint; and
(5) The commission may provide to the parties to a complaint and their counsel an unredacted copy of an investigator’s report concerning that complaint.
Nothing in this paragraph may be construed to limit the ability of a complainant or other individual to provide written authorization to disclose the complainant's or the individual's own medical records, medical diagnoses, medical information and information regarding the complainant's or the individual's disability.
summary
This bill protects from public disclosure information in the records of the Maine Human Rights Commission that identifies minors. It also designates as confidential medical records, medical diagnoses, medical information and information regarding an individual’s disability contained in the commission's records. The bill specifies that medical records, medical diagnoses, medical information and information regarding an individual’s disability may not be disclosed without the written authorization of the individual who is the subject of the medical records or medical diagnoses and provides specific exceptions designed to authorize disclosure necessary to further investigation of and deliberation on complaints.