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Records - Me. Rev. Stat. tit. 5, § 19203-D

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Maine has specific rules governing the release of HIV information contained in a patient’s medical record.  The law requires a patient who has taken an HIV test to specifically authorize or not authorize the release of HIV test results that are contained in his or her medical record.  A general authorization for release is not sufficient; a separate HIV status release form must be signed by the patient.  If the patient does not authorize the release of HIV status information, the portion of the medical record that does not contain HIV status information may be released. 

A medical record containing HIV test results may not be released without the patient’s consent except in very limited circumstances.  These restrictions, however, do not prohibit utilization review committees or peer review committees from examining medical records.  The law also allows for access to the medical record to a designated health care provider.  A state health information exchange may also access the medical record for the purposes of treatment, payment, or health care operations.

 


Current as of June 2015