Maryland Health - General Section 18-202

Article - Health - General

§ 18-202.

      (a)      In this section, "institution" includes:

            (1)      A hospital; and

            (2)      A lodging facility.

      (b)      When the administrative head of an institution has reason to believe that an individual on the premises of the institution has an infectious or contagious disease except human immunodeficiency virus or acquired immunodeficiency syndrome, the administrative head immediately shall submit a report to the health officer for the county where the institution is located.

      (c)      The report shall:

            (1)      State the name and residence address of the individual believed to have the disease;

            (2)      Identify the infectious or contagious disease;

            (3)      State the name of the administrative head of the institution; and

            (4)      State the address of the institution.

      (d)      (1)      All institution reports required under this section are:

                  (i)      Confidential;

                  (ii)      Not open to public inspection; and

                  (iii)      Subject to subpoena or discovery in any criminal or civil proceeding only pursuant to a court order sealing the court record.

            (2)      This subsection does not apply to a disclosure by the Secretary to another governmental agency performing its lawful duties as authorized by an act of the Maryland General Assembly or the United States Congress where the Secretary determines that:

                  (i)      The agency to whom the information is disclosed will maintain the confidentiality of the disclosure; and

                  (ii)      The disclosure is necessary to protect the public health or to prevent the spread of an infectious or contagious disease.

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