Code of Maine Rules
90 - INDEPENDENT AGENCIES
590 - MAINE HEALTH DATA ORGANIZATION
Chapter 120 - RELEASE OF DATA TO THE PUBLIC
Section 590-120-16 - ENFORCEMENT AND PENALTY PROVISIONS

Universal Citation: 90 ME Code Rules ยง 590-120-16

Current through 2024-38, September 18, 2024

1. In addition to other applicable civil and criminal provisions, the following provisions apply to violations of the laws and these rules for the safeguarding of the identification of individual patients and confidential information.

2. Any person or entity that receives data or information pursuant to this Chapter or who has access to MHDO data as an employee or a vendor of MHDO and who uses, sells or transfers the data in violation of the board's rules for commercial advantage, pecuniary gain, personal gain or malicious harm is considered to have committed a civil violation under 22 M.R.S. § 8705-A for which a fine not to exceed $500,000 may be levied by the MHDO, as set forth in 90-590 C.M.R. Chapter 100.

3. Reports or knowledge of any such activity shall be referred to the MHDO Board by the Executive Director and the Board shall investigate such reports, make findings, determine and levy an appropriate fine.

4. The MHDO shall consider criteria such as the amount of data misused, whether the data misused involved any PHI, amount of any gain involved, extent of harm to any individual whose data was misused, and any other criteria MHDO deems pertinent to such a fine.

5. Any person or entity that receives data or information pursuant to this Chapter, and who does not fall within Subsection 2, but who violates a provision of a MHDO DUA or these rules, does not return or destroy MHDO Data when directed to by the Executive Director, or who does not modify a document that contains or uses MHDO Data, in accordance with directives of the Executive Director, commits a violation of these rules for which a fine of up to $2500 may be levied by the MHDO, in accordance with procedures set forth in Chapter 100. Each day that any such violation exists may be considered a separate occurrence.

6. Petition for Review; Fair Hearing; Judicial Review. Unless otherwise provided for by statute a person adversely affected by any determination made under this Section by the MHDO may petition the MHDO Board for review of the decision. The petition must be filed within fifteen business days, in accordance with 5 M.R.S. Chapter 375. If such petition is denied in whole or part, that decision shall be Final Agency Action and shall be appealable to Superior Court in accordance with the provisions of 5 M.R.S. Chapter 375 and M.R.Civ.P. 80C.

7. Upon a finding that a person or entity has failed to comply with the requirements of 22 M.R.S., Chapter 1683, any rules adopted by the MHDO Board, or pay a fine levied by the MHDO Board, the MHDO Board may undertake any or all of the following:

A. Refer the matter to the Department of Health and Human Services or board that issued a license to the provider for such action as the Department or board considers appropriate.

B. Refer the matter to the Department of Professional and Financial Regulation, Bureau of Insurance for such action against the payer as the Bureau considers appropriate.

C. Injunctive Relief. File a complaint with the Superior Court in the county in which the person resides or the entity is located, or in Kennebec County, seeking an order to require that person or entity in non-compliance to comply with the requirements for which adjudication is being sought, and for the enforcement of any fine determined by the Board or for other relief from the court.

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