Confidentiality; liability; access to records - Me. Rev. Stat. tit. 22, § 4224

Any data or information pertaining to the diagnosis, treatment or health of an enrollee or applicant obtained by a health maintenance organization must be kept confidential and may not be disclosed to any person except:

• To the extent that it may be necessary to carry out Maine law;
• Upon the express consent of the enrollee or applicant;
• Pursuant to statute or court order for the production of evidence or the discovery of evidence; or
• In the event of litigation between the enrollee or applicant and the health maintenance organization when such data or information is pertinent.

To fulfill the obligations of a health maintenance organization, the organization must have access to treatment records and other information pertaining to the diagnosis, treatment and health status of any enrollee.

Any member, agent or employee of a quality assurance committee, who, in good faith and without malice, assists in the origination, investigation or preparation of a report or information related to treatment previously rendered, submits that report or information to a health maintenance organization or appropriate state licensing board, or assists the committee in carrying out any of its duties is not subject to civil liability for damages as a consequence of those actions.