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Privacy & Confidentiality
•State Law
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•Control of Communicable Diseases, 22 M.R.S.A. § §801-825
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•Rules for Control of Notifiable Conditions, 10-144 C.M.R. Ch. 258
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Speaking Points

The DDC is legally authorized to receive reports by Maine Statute (22 MSRA, Chapter 250 Control of Communicable Diseases, Sections 801-825) and Maine Rules (Rules for Control of Notifiable Conditions 10-144 C.M.R. Ch. 258) requiring all medical providers to continue to report, and to cooperate with “public health investigations and interventions.” That includes providing supporting information such as relevant laboratory tests. As stated in the HIPAA Privacy Rule, “Effects on State Law” section (42USC § 1320 (d) (7) (b) PUBLIC HEALTH): “Nothing in this part shall be construed to invalidate or limit the authority, power, or procedures established under any law providing for the reporting of disease or injury, child abuse, birth, or death, public health surveillance, or public health investigation or intervention.”

Health care workers who provide names of persons to public health authorities to carry out these above functions are covered under Maine statute 22 M.R.S.A § 1711-C (6) that “allows a health care practitioner or health care facility to disclose confidential health information as follows: to federal, state or local government entities in order to protect the public health and welfare when reporting is required or authorized by law.”

When concern exists regarding a potential public health problem in the community, DDC’s Epidemiologists contact health care providers to alert them to the fact that further epidemiological investigation and interview of patients diagnosed with a notifiable disease or condition is deemed necessary. This contact is done in an attempt to enhance collaborative working relationships with the private medical community. DDC’s interest and concern are directly related to public health surveillance and intervention. If you have any questions you may contact DDC at 800.821.5821.

Source: Maine Epi-Gram, Summer 2003, at http://www.state.me.us/dhs/bohepi/summer03.htm#Skin%20Conditions%20that%20Mean%20You%20Should%20NOT%20be%20Vaccinated