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Bill > LD1970
ME LD1970
ME LD1970An Act to Amend the Laws Regarding Consent for HIV Testing and Disclosure of Related Medical Information for Insurance Purposes
summary
Introduced
05/13/2025
05/13/2025
In Committee
05/13/2025
05/13/2025
Crossed Over
Passed
Dead
Introduced Session
132nd Legislature
Bill Summary
This bill provides that an HIV test may be undertaken with a patient's general consent. The bill defines "general consent" to mean consent obtained without undue inducement or any element of compulsion, fraud, deceit, duress or any other form of constraint or coercion and that is obtained after providing instruction to a patient that, as part of a medical procedure or test, the patient may receive an HIV test and that receiving an HIV test is voluntary and the patient may choose not to submit to an HIV test. The bill also provides that disclosure of information in a medical record for the purpose of seeking insurance reimbursement for HIV testing is not precluded. The bill removes the requirement that an HIV test may be undertaken only with a patient's informed consent.
AI Summary
This bill modifies the existing laws regarding HIV testing consent and medical information disclosure in Maine. The legislation introduces the concept of "general consent" for HIV testing, which means obtaining patient consent without coercion and after providing clear instructions that the HIV test is voluntary and part of a medical procedure. The bill removes the previous requirement for detailed informed consent, instead allowing a more streamlined approach where patients are informed about the HIV test but do not need to sign a separate consent form. It also specifies that parental consent is not required for minors receiving an HIV test, and requires healthcare providers to document a patient's decision to decline an HIV test. Additionally, the bill explicitly permits the disclosure of medical record information for the purpose of seeking insurance reimbursement for HIV testing, which was previously uncertain. The changes aim to simplify the HIV testing process while maintaining patient rights and ensuring that patients understand the nature of the test and their ability to refuse it.
Committee Categories
Health and Social Services
Sponsors (10)
Laurie Osher (D)*,
Stacy Brenner (D),
John Eder (R),
Ryan Fecteau (D),
Paul Flynn (R),
Kristi Mathieson (D),
Matthew Moonen (D),
Ambureen Rana (D),
Amy Roeder (D),
Laura Supica (D),
Last Action
Carried over, in the same posture, to any special or regular session of the 132nd Legislature, pursuant to Joint Order SP 800. (on 06/25/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1970&snum=132 |
| Fiscal Note: Text | https://legislature.maine.gov/legis/bills/bills_132nd/fiscalpdfs/FN197001.pdf |
| BillText | https://legislature.maine.gov/legis/bills/getPDF.asp?paper=HP1314&item=1&snum=132 |
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