MINUTES 

MAINE HEALTH DATA ORGANIZATION
BOARD OF DIRECTORS MEETING
151 CAPITOL STREET, AUGUSTA, MAINE
THURSDAY, JUNE 12, 2003

Upon establishing a quorum, Vice Chairman Dana Kempton called the meeting of 
the Maine Health Data Organization (MHDO) Board of Directors to order at 9:05 a.m. The following Board members were present:  Vaikko Allen, Theresa Bellmore, 
Robin Bickford, Lynn Davey, Cathy Gavin, Mark Granzier, Dick Lowd, Rebecca Martins, Diane Moongrove, and Sydney Sewall.  Michael Brannigan, David Johnson, and 
Vicki Purgavie arrived late and absent members were Richard Bruns, Chair, 
Peter Gore, Doug Libby, and John Portela.

The May 8, 2003 MHDO Board minutes were approved as written.

Executive Director Report
Financial Report:  Al Prysunka informed the Board of a change made to the May financial statement clarifying the carry forward money as revenue and he stated 
there are no concerns with the cash balance at this time. 

Chapter 10 Adoption:   After a discussion regarding the Comments and MHDO Responses the Board received in their packets, there was a motion and a second 
to adopt Chapter 10:  Determination of Assessments.  Motion carried with one 
Board member opposed.

Chapter 120 Adoption:  Mr. Prysunka informed the Board that the resolve regarding legislative review of Chapter 120 has been adopted by both houses and signed into 
law by the Governor.  After some discussion on whether or not LD 1611 (Dirigo Health) would effect the adoption of Chapter 120 and regarding what data will be released 
by the MHDO there was a motion and a second that the Board adopt Chapter 120:  Release of Data to the Public.  Motion carried with one abstention.

Status of Mainecare Data MOA with DHS:  Al Prysunka suggested to the Board that Chairman Bruns send a letter to Governor’s Office requesting their assistance in obtaining Mainecare data for inclusion in the claims database.  Mr. Prysunka informed the Board that he has made numerous unsuccessful attempts over several months to obtain the data and that the Memorandum of Agreement is currently being reviewed 
by appropriate staff at the Attorney General’s Office.  It was agreed by the Board that the issue should be referred to the Governor’s Office.

Patient Advocates Update:   Assistant Attorney General Paul Gaurvreau informed 
the Board that Patient Advocates filed an action in federal court requesting a ruling governing the submission of claims data and payment of MHDO assessments.  Patient Advocates’ Counsel Dan Cummings agreed to a 60 day extension for a legal response from Mr. Gauvreau in an effort to allow for a resolution of the issue.  
MHDO Board Minutes
June 12, 2003
Page 2

Mr. Gauvreau explained possible ways the issue could proceed.  When asked, Ann Connelly, CEO of Patient Advocates stated that the reason they filed in federal court was that if negotiations fail they wanted a legal avenue toward a resolution. She also stated that the court proceedings can be stopped if a resolution is found.  A discussion ensued about whether or not Mr. Prysunka should continue his effort to seek data release approval from each of Patient Advocates’ plan sponsors and if the ERISA preemption would also prohibit Patient Advocates from submitting the requested data. Mr. Gauvreau suggested, and the Board agreed, that he contact Dan Cummings to discuss the content of the Board meeting to determine if, after speaking with his client, they thought it was a reasonable avenue to approach the plan sponsors and he will 
advise Mr. Prysunka accordingly.

Legislative Update:  The Board received a handout showing the sections of L.D. 1611 that impact the MHDO which Mr. Prysunka explained. There was some discussion that pharmacists are no longer included in the definition of health care practitioner which could possibly exclude individual pharmacists from paying MHDO assessments.  Also, language which established the Quality Improvement Foundation was replaced by the establishment of the Maine Quality Forum.  The MHDO is to adopt rules with input from the Maine Quality Forum regarding the collection of quality data. Dr. David Johnson noted two changes he would like to see to the statutes during the next legislative session.  They were as follows:  under Section C-23, 9-A, The word “quality” in the definition of quality data be replaced with “efficiency and effectiveness in clinical outcomes”, and under Section C-29, 2, where “facilities” was crossed out “pharmacists” should be put in.  It was stated that people should continue to be involved and voice their concerns to the Maine Quality Forum and the Maine Quality Forum Advisory Council.  

L.D. 1611 also establishes additional head count for the MHDO and it was stated 
that the funding source should be either the Maine Quality Forum or Dirigo Health.

A discussion ensued regarding language authorizing the MHDO to produce various reports annually.  It was recommended that provider groups be involved before releasing any reports.  Mr. Prysunka informed the Board that language in the final 
bill was included that has the MHDO produce an annual report on prices charged, 
not price paid, as was previously agreed upon.  An attempt will be made to modify 
the language during the next legislative session.  

There was also some discussion on the sections of the legislation that deal with the Bureau of Insurance.   Mr. Prysunka stated that he has spoken with the Governor’s
Office staff regarding the acquisition of translator software to assist smaller practitioners in Maine with the production of electronic claims. 

MHDO Board Minutes
June 12, 2003
Page 3

Negotiated Discount Data Request:  Mr. Prysunka informed the Board that he received a request from Governor’s Office for negotiated discount data which  the MHDO collects through its financial data, but stated that the rules currently in place prohibit releasing this data. It was agreed that the issue will be discussed at a future Board meeting.   

Maine Health Data Processing Center Update:  Suanne Singer stated that the Processing Center Board recently held a retreat in which they decided to evaluate, 
on a quarterly basis, how the Data Processing Center is performing and will share 
their findings with the MHDO.  She informed the Board of issues they’ve encountered concerning the process of data submissions that pass or fail.  She stated that failed items can be followed through on the web site and that plan sponsors receive 
automatic e-mails of the final submission status.  Ms. Singer also stated that the primary work for the summer will be to extract the data to be passed onto the MHDO.  Mr. Prysunka stated that through the hospital payer files, some TPA’s have been identified that are not licensed in Maine.  The information will be sent to the Bureau 
of Insurance.  Ms. Singer stated that obtaining Medicare data is the next step. 

Board Representation:   Mr. Prysunka stated that he will contact the Acting Commissioner of the Department of Human Services for a replacement for 
Warren Bartlett who recently resigned from the Board.  He also stated that 
with Mr. Bartlett’s resignation there is currently an open slot on the Maine 
Health Data Processing Board. Vaikko Allen volunteered to fill the vacancy.  

The Board received in their packets a copy of a letter from Thomas Bradley of the Maine Citizen Leadership Fund, expressing his interest in serving as a consumer representative on the MHDO Board.  Mr. Prysunka stated that previous contacts he 
had made with possible representatives from the Maine Equal Justice and the Maine Peoples Alliance never yielded a second response. The Board agreed that Mr. Bradley appeared to be a good candidate for the consumer representative vacancy and that a formal request to serve on the Board should be submitted to the Governor’s Office.

Public Comment
None provided.

Future Meetings
The next scheduled meeting will be held on Thursday, July 10, 2003, at 9:00 a.m.

The meeting adjourned at 10:50 a.m.