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Session Laws, 1990 Session
Volume 436, Page 2035   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor Ch. 480

4-305.

(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, PROVIDING, EVALUATING, OR
SEEKING PAYMENT FOR HEALTH CARE TO PATIENTS OR RECIPIENTS BY
THE PROVIDER;

(II) TO THE PROVIDER'S LEGAL COUNSEL REGARDING
ONLY THE INFORMATION IN THE MEDICAL RECORD THAT RELATES TO
THE SUBJECT MATTER OF THE REPRESENTATION; OR

(III) TO ANY PROVIDER'S INSURER OR LEGAL COUNSEL,
OR THE AUTHORIZED EMPLOYEES OR AGENTS OF A PROVIDER'S
INSURER OR LEGAL COUNSEL, FOR THE SOLE PURPOSE OF HANDLING A
POTENTIAL OR ACTUAL CLAIM AGAINST ANY PROVIDER;

(2) IF THE PERSON GIVEN ACCESS TO THE MEDICAL RECORD
SIGNS AN ACKNOWLEDGMENT OF THE DUTY UNDER THIS ACT NOT TO
REDISCLOSE ANY PATIENT IDENTIFYING INFORMATION, TO A PERSON
FOR:

(I) EDUCATIONAL OR RESEARCH PURPOSES, SUBJECT TO
THE APPLICABLE REQUIREMENTS OF AN INSTITUTIONAL REVIEW
BOARD;

(II) EVALUATION AND MANAGEMENT OF HEALTH CARE
DELIVERY SYSTEMS; OR

(III) ACCREDITATION OF A FACILITY BY PROFESSIONAL
STANDARD SETTING ENTITIES;

(3) SUBJECT TO THE ADDITIONAL LIMITATIONS FOR A
MEDICAL RECORD DEVELOPED PRIMARILY IN CONNECTION WITH THE
PROVISION OF MENTAL HEALTH SERVICES IN § 4-307 OF THIS SUBTITLE,
TO A GOVERNMENT AGENCY PERFORMING ITS LAWFUL DUTIES AS
AUTHORIZED BY AN ACT OF THE MARYLAND GENERAL ASSEMBLY OR
THE UNITED STATES CONGRESS;

(4) SUBJECT TO THE ADDITIONAL LIMITATIONS FOR A
MEDICAL RECORD DEVELOPED PRIMARILY IN CONNECTION WITH THE
PROVISION OF MENTAL HEALTH SERVICES IN §4-307 OF THIS SUBTITLE,
TO ANOTHER HEALTH CARE PROVIDER FOR THE SOLE PURPOSE OF

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Session Laws, 1990 Session
Volume 436, Page 2035   View pdf image (33K)
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