2010 Maryland Code
HEALTH - GENERAL
TITLE 4 - STATISTICS AND RECORDS
Subtitle 3 - Confidentiality of Medical Records
Section 4-302 - Confidentiality and disclosure generally.

§ 4-302. Confidentiality and disclosure generally.
 

(a)  In general.- 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)  Applicability of subtitle.- The provisions of this subtitle do not apply to information: 

(1) Not kept in the medical record of a patient or recipient that is related to the administration of a health care facility, including: 

(i) Risk management; 

(ii) Quality assurance; and 

(iii) Any activities of a medical or dental review committee that are confidential under the provisions of Title 4, Subtitle 5 and Title 14, Subtitle 5 of the Health Occupations Article and any activities of a pharmacy review committee; 

(2) Governed by the federal confidentiality of alcohol and drug abuse patient records regulations, 42 C.F.R. Part 2 and the provisions of § 8-601(c) of this article; or 

(3) Governed by the developmental disability confidentiality provisions in §§ 7-1008 through 7-1011 of this article. 

(c)  Directory information.- A health care provider may disclose directory information about a patient without the authorization of a person in interest, except if the patient has instructed the health care provider in writing not to disclose directory information. 

(d)  Redisclosure.- A person to whom a medical record is disclosed may not redisclose the medical record to any other person unless the redisclosure is: 

(1) Authorized by the person in interest; 

(2) Otherwise permitted by this subtitle; 

(3) Permitted under § 1-202(b) or (c) of the Human Services Article; or 

(4) Directory information. 

(e)  Transfer of records relating to transfer of ownership of health care practice or facility.-  

(1) Except as provided in paragraph (2) of this subsection, a person may not disclose by sale, rental, or barter any medical record. 

(2) This subsection shall not prohibit the transfers of medical records relating to the transfer of ownership of a health care practice or facility if the transfer is in accord with the ethical guidelines of the applicable health care profession or professions. 

(f)  Construction of subtitle.- The provisions of this subtitle may not be construed to constitute an exception to the reporting requirements of Title 5, Subtitle 7 and Title 14, Subtitle 3 of the Family Law Article. 
 

[1990, ch. 480, § 2; 1992, ch. 22, § 1; 1993, ch. 83; 1994, ch. 3, § 1; ch. 554; 2000, ch. 270, §§ 1, 2; 2001, ch. 28, § 1; 2007, ch. 8, § 1; 2008, ch. 36, § 6.]