Ch. 480 LAWS OF MARYLAND

(3) A notice of refusal shall contain:

(i) Each reason for the refusal; and

(ii) The procedures, if any, that the facility has set for review of the
refusal.

(4) If the final determination of the facility is a refusal to change a medical
record, the facility:

(i) Shall permit the person in interest to insert in the medical record
a concise statement of the reason that the person in interest disagrees with that refusal;
and

(ii) May include a statement of the reasons for the refusal.

(5) A facility shall provide a notice of a change in a medical record or a
copy of a statement of disagreement inserted in the medical record to each person to
whom the facility previously disclosed inaccurate, incomplete, or disputed information
and whom the person in interest designates to receive the notice or statement.

(6) If a facility later discloses a medical record, the facility also shall
provide each addition, correction, and statement of disagreement inserted in the
medical record.

(d) (1) A facility is not liable for defamation, invasion of privacy, or negligence
other than gross negligence for a disclosure of a medical record under this section.

(2) If a facility refuses to disclose a medical record within a reasonable
time after a person in interest requests the disclosure, the facility is, in addition to any
liability for actual damages, liable for punitive damages.

(e) (1) A person may not knowingly request or obtain a medical record under
false pretenses or through deception.

(2) A person who violates any provision of this subsection is guilty of a
misdemeanor and on conviction is subject to a fine not exceeding $10, 000 or
imprisonment not exceeding 1 year or both. ]

4-302.

(A) A HEALTH CARE PROVIDER SHALL:

(1) KEEP THE MEDICAL RECORD OF A PATIENT OR RECIPIENT
CONFIDENTIAL; AND

(2) DISCLOSE THE MEDICAL RECORD ONLY:
(1) AS PROVIDED BY THIS SUBTITLE; OR
(H) AS OTHERWISE PROVIDED BY LAW.

(B) THE PROVISIONS OF THIS SUBTITLE DO NOT APPLY TO
INFORMATION:

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