Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 22 MRSA §1711-C, sub-§6, ¶E-2 is enacted to read:
E-2. To federal, state or local governmental entities if the health care practitioner or facility that is providing diagnosis, treatment or care to an individual has determined in the exercise of sound professional judgment that the disclosure is required by section 1726;
Sec. 2. 22 MRSA §1726 is enacted to read:
A hospital licensed under chapter 404 or 405 shall make a good faith effort to cooperate with law enforcement agencies as provided in this section.
This amendment replaces the bill. It authorizes a hospital to disclose otherwise confidential health information of a patient without the consent of the patient under specific circumstances:
1. For the purpose of assisting a law enforcement agency to serve a protection from abuse order to a person who is a patient in the hospital; or
2. For the purpose of notifying a law enforcement agency that brought a patient to the hospital that the patient is leaving the hospital so that the agency may arrest the patient.
The hospital may provide this information only if the request from law enforcement is consistent with the federal Health Insurance Portability and Accountability Act of 1996 privacy regulations, 45 Code of Federal Regulations, Section 164.512 (2015) and the federal privacy regulations for drug and alcohol abuse patients, 42 Code of Federal Regulations, Part 2 (2015).
The hospital is immune from civil or criminal liability or professional licensure action arising out of the hospital's compliance with this law. No cause of action against the hospital is created for failure to provide the access or information.