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Home » US Law » 2022 Maryland Statutes » Health - General » Title 4 - Statistics and Records » Subtitle 3 - Confidentiality of Medical Records

Section 4-302 – Confidentiality and Disclosure Generally

    (a)    A health care provider shall:         (1)    Keep the medical record of a patient or recipient confidential; and         (2)    Disclose the medical record only:             (i)    As provided by this subtitle; or             (ii)    As otherwise provided by law.     (b)    The provisions of this subtitle do not apply to information:         (1)    Not kept in the medical record of a patient or recipient that is […]

Section 4-302.1 – Medical Care Electronic Claims Clearinghouses

    (a)    Payors that accept claims originating in this State from medical care electronic claims clearinghouses shall accept claims only from medical care electronic claims clearinghouses that are:         (1)    Accredited by the Electronic Healthcare Network Accreditation Commission; or         (2)    Certified by the Maryland Health Care Commission.     (b)    The Maryland Health Care Commission shall adopt regulations to carry out this section.

Section 4-302.2 – Health Information Exchanges — Regulations

    (a)    The Maryland Health Care Commission shall adopt regulations for the privacy and security of protected health information obtained or released through a health information exchange.     (b)    (1)    The regulations adopted under subsection (a) of this section shall:             (i)    Govern the access, use, maintenance, disclosure, and redisclosure of protected health information as required by State or federal law, including […]

Section 4-302.3 – Health Information Exchanges — State Designated Exchange

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Electronic health care transactions” means health care transactions that have been approved by a nationally recognized health care standards development organization to support health care informatics, information exchange, systems integration, and other health care applications.         (3)    “Electronic health network” means an entity:             (i)    Involved in the exchange […]

Section 4-303 – Disclosure Upon Authorization of a Person in Interest

    (a)    A health care provider shall disclose a medical record on the authorization of a person in interest in accordance with this section.     (b)    Except as otherwise provided in subsections (c) and (d) of this section, an authorization shall:         (1)    Be in writing, dated, and signed by the person in interest;         (2)    State the name of the health care […]

Section 4-304 – Copies of Records; Changes in Records

    (a)    (1)    Except as otherwise provided in this subtitle, a health care provider shall comply within a reasonable time after a person in interest requests in writing:             (i)    To receive a copy of a medical record; or             (ii)    To see and copy the medical record.         (2)    If a medical record relates to a psychiatric or psychological problem and the attending […]

Section 4-305 – Disclosures Without Authorization of Person in Interest — in General

    (a)    This section may not be construed to impose an obligation on a health care provider to disclose a medical record.     (b)    A health care provider may disclose a medical record without the authorization of a person in interest:         (1)    (i)    To the provider’s authorized employees, agents, medical staff, medical students, or consultants for the sole purpose of offering, […]

Section 4-306 – Disclosures Without Authorization of Person in Interest — Investigations

    (a)    In this section, “compulsory process” includes a subpoena, summons, warrant, or court order that appears on its face to have been issued on lawful authority.     (b)    A health care provider shall disclose a medical record without the authorization of a person in interest:         (1)    To a unit of State or local government, or to a member of […]

Section 4-307 – Disclosure of Mental Health Records

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Case management” means an individualized recipient centered service designed to assist a recipient in obtaining effective mental health services through the assessing, planning, coordinating, and monitoring of services on behalf of the recipient.         (3)    “Core service agency” has the meaning stated in § 7.5–101 of this […]

Section 4-308 – Liability for Good Faith Actions

    A health care provider, who in good faith discloses or does not disclose a medical record, is not liable in any cause of action arising from the disclosure or nondisclosure of the medical record.

Section 4-309 – Refusal to Disclose Records; Violations of Subtitle; Penalties

    (a)    If a health care provider knowingly refuses to disclose a medical record within a reasonable time but no more than 21 working days after the date a person in interest requests the disclosure, the health care provider is liable for actual damages.     (b)    A health care provider may not refuse to disclose a medical record on […]