MINUTES 

MAINE HEALTH DATA ORGANIZATION
BOARD OF DIRECTORS MEETING
AUGUSTA CIVIC CENTER
THURSDAY, MAY 8, 2003

The meeting of the Maine Health Data Organization (MHDO) Board of Directors 
began at  9:55 a.m. with the following Board members present:  Richard Bruns, 
Chair, Dana Kempton, Vice-Chair, Vaikko Allen, Theresa Bellmore, Robin Bickford, Michael Brannigan, Lynn Davey, Mark Granzier, David Johnson, Doug Libby, 
Rebecca Martins, Diane Moongrove, John Portela, and Sydney Sewall.  Absent members were Warren Bartlett, Cathy Gavin, Peter Gore, Dick Lowd, and 
Vicki Purgavie.

The April 10, 2003 MHDO Board minutes were approved as written.

Executive Director Report
Financial Report:  Alan Prysunka informed the Board that interviews for the programmer position have been conducted and the person selected will start at the MHDO on Monday, May 19th. There was a question regarding who purchases MHDO’s data 
and staff offered to provide the Board with a list of data users.  This led to a discussion regarding funding and it was stated that the Board needs to revisit the Chapter 50 rules, which include the prices for data and programming.  Some suggestions were made, one being that the MHDO have a sliding scale for large businesses and consumers; and also that a report be generated, possibly on the Internet, to show the public MHDO’s costs for producing the data as well as per hour charges. 

Mr. Prysunka informed the Board that the Maine Health Data Processing Center Board has had discussions regarding who owns the claims database technology and what procedure to follow if someone wants to purchase this technology.  He also stated that this may have the potential for generating revenue in the future.

Patient Advocates:  Mr. Prysunka informed the Board that the claims data non-
compliance issue with Patient Advocates has not been resolved and asked the Board 
to consider referring the issue to the Attorney General’s office.  A letter from Patient Advocates’ lawyer was viewed and discussed by the Board.  Anne Connelly, CEO of Patient Advocates addressed the Board and explained their position regarding ERISA and stated their view that the data they possess cannot be released without the plan sponsors’ consent, which they have not been able to fully obtain.  Legal Counsel Paul Gauvreau gave his analysis of the issue and stated that he believes the MHDO would have assessment authority and that the state would prevail on the issue of collecting the requested data.  Mr. Gauvreau also explained the procedure the Attorney General’s Office would take.  There was a motion and a second to refer Patient Advocate to
the AG’s office so that they may take appropriate action as they deem necessary.  
Mr. Gauvreau explained other options the Board could take, but recommended
MHDO Board Minutes
May 8, 2003
Page 2

approving the motion.  It was stated that approval by the Board to refer the issue to the AG’s Office does not close the doors of conversation with Patient Advocates.  The motion passed with one abstention.

Compliance Update:  Debora Tuck updated the Board on the following compliance issues:  1) Northern Maine Medical Center has been advised that the Board was notified of its data submission problems, but has yet to comply with requests to submit their data; 2) CA Dean is also behind on their data submissions; 3) GE Administrators paid their assessment so enforcement action will not be necessary; and 4) MHDO staff will no longer continue it’s leniency with hospitals submitting late data due to the fact that they have been using PD Check for some time now, two major training sessions 
on PD Check have been conducted, and staff is in constant contact with the hospitals 
to resolve any issues they may encounter.  Ms. Tuck also stated that the Data Processing Center has reduced the number of late data submissions coming into the Center.

Legislative Update:  Al Prysunka informed the Board that LD 532:  An Act To Regulate Assessments of the Maine Health Data Organization was amended to state that the MHDO evaluate its assessment user fees and report back to the Health & Human Services (H&HS) Committee by January 31, 2004.  It was decided that in the fall the Board would start looking at other assessment options and staff will invite those opposed to the assessments to attend a meeting to discuss their solutions.  This led 
to a discussion on determining a better way to communicate with the H&HS Committee, pharmacies, etc. which will also be discussed at a future Board meeting.

Mr. Prysunka stated that at its work session on LD 421:  An Act to Include a Representative of Mental Health Providers on the MHDO Board the H&HS Committee agreed to let the amendment stand to modify the one at-large slot on the MHDO Board to be a mental health provider.  Diane Moongrove spoke with Sheila Cumerford, Director of the Maine Psychological Association who stated that they do not take 
issue with the fact that the Maine Association of Mental Health Services will choose 
the Board’s mental health provider.  

Mr. Prysunka also stated the Governor’s legislation is due to come out shortly.

Chapter 120:  Release of Information to the Public - Status:  Mr. Prysunka informed 
the Board that the hearing on Chapter 120 was held by the H&HS Committee on May 7 and that no one testified.  He also stated that it is a resolve, and will be treated like any other legislative document.  He explained the process the Legislature will undertake in regard to Chapter 120, stating that the resolve needs to be passed in both bodies of the Legislature. 

MHDO Board Minutes
May 8, 2003
Page 3

Chapter 243:  Uniform Reporting System for Health Care Claims Data Sets - Final Adoption:  Mr. Prysunka informed the Board that no written comments were received. There was a motion and a second that the Board adopt Chapter 243.  The motion passed unanimously.

Chapter 245:  Uniform Reporting System for Non-Hospital Ambulatory Service Data Sets:  Gene Stanton gave a presentation on the Analysis of Chapter 245 the Board received in their packets.  This was used as the basis for discussion on whether or not Chapter 245 should be repealed or modified.  After a lengthy discussion which focused on collecting duplicate data from the health claims database, and on concerns of not capturing data on the uninsured population there was a motion and a second to continue collecting the data required by Chapter 245 until the end of 2003.  The issue will be reevaluated at that time.  The motion was seconded and passed unanimously.  

Consumer Representative:  Due to problems Mr. Prysunka has experienced in trying 
to contact prospective consumer representatives, it was agreed the search would be postponed until the end of the Legislative Session.

Future Meetings
The Board will hold a meeting on Thursday, June 12, 2003 at 9:00 a.m. at the MHDO office.  It was suggested that, schedule permitting, the Board will continue its practice 
of not holding an August Board meeting.  This will be revisited at the July meeting.

Public Comment
None provided.

The meeting adjourned at  11:40 a.m.

Respectfully submitted, 

Linda Adams
Administrative Assistant