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Ex. DUT-ME-016 Standing duty Primary source read

Public Law 2021, chapter 28 (L.D. 1), An Act To Establish the COVID-19 Patient Bill of Rights and To Amend the Governor's Emergency Powers, Part C, enacting 37-B M.R.S. sec. 742(1)(E)

An Act To Establish the COVID-19 Patient Bill of Rights and To Amend the Governor's Emergency Powers

130th Maine Legislature (L.D. 1, S.P. 29); became law without the Governor's signature · Maine (State)

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The record

Jurisdiction
Maine
Level
State
Authority
Me. Const. art. IV, pt. 3, secs. 2 and 16 (emergency legislation)
Issued
2021-03-25 Mar. 25, 2021
Effective
2021-03-25 (emergency measure: 'this legislation takes effect when approved') (read as 2021-03-25)
End
standing (read as 2021-09-30)
In force
Standing since Mar. 25, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2021 Q12021 Q22021 Q3
Limitation types
Emergency declarationHealth care ordersOther
Addressees
  • the Governor (exercise of emergency powers); health care providers and facilities; insurers and pharmacies (Parts A, B and D)
Character
statutory duty
Collection
Standing duties: Maine DUT-ME

Operative words

E. In dealing with a declared state of emergency under this subsection, the Governor shall ensure that: (1) Medical privacy and confidentiality requirements, including but not limited to requirements under the federal Health Insurance Portability and Accountability Act of 1996, are followed; and (2) Health care services and surgeries are not considered to be nonessential services.

Penalty

n/a (a limitation on the Governor's powers and a patient-rights statute); the enforcement provisions of 37-B M.R.S. sec. 786 (Ex. DUT-ME-004) continued to apply to every order under sec. 742

What it required

The Legislature, sitting in the emergency's thirteenth month, amended the Governor's emergency powers to require that health care services and surgeries never be treated as nonessential in a declared emergency, confirmed the remainder of the sec. 742 regime under which every order in force on March 25, 2021 continued to bind, and enacted a COVID-19 patient bill of rights (cost-sharing for testing and vaccination) with a pharmacist delegation provision for vaccine administration.

Retrieval note

The chaptered law as printed by the Legislature ('LAW WITHOUT GOVERNOR'S SIGNATURE MARCH 25, 2021, CHAPTER 28'); the bill's status page records 'Emergency Enacted, Mar 25, 2021; Governor's Action: Emergency Unsigned, Mar 25, 2021.' Part C is the only amendment of the emergency-powers statute during the period after P.L. 2019, c. 617 (Ex. ME-003); it presupposes and leaves intact the Governor's powers under sec. 742(1)(C) and the enforcement provisions of sec. 786. The compiled chapter (Ex. DUT-ME-004) carries the enacted paragraph with the history note 'PL 2021, c. 28, Pt. C, sec. 1 (NEW).'.