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Session Laws, 1990 Session
Volume 436, Page 2039   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor Ch. 480

DIRECTOR OR THE DESIGNEE OF THAT PERSON IN A HEALTH CARE,
DETENTION, OR CORRECTIONAL FACILITY.

(B) THE DISCLOSURE OF A MEDICAL RECORD DEVELOPED IN
CONNECTION WITH THE PROVISION OF MENTAL HEALTH SERVICES
SHALL BE GOVERNED BY THE PROVISIONS OF THIS SECTION IN
ADDITION TO THE OTHER PROVISIONS OF THIS SUBTITLE.

(C) WHEN A MEDICAL RECORD DEVELOPED IN CONNECTION WITH
THE PROVISION OF MENTAL HEALTH SERVICES IS DISCLOSED WITHOUT
THE AUTHORIZATION OF A PERSON IN INTEREST, ONLY THE
INFORMATION IN THE RECORD RELEVANT TO THE PURPOSE FOR WHICH
DISCLOSURE IS SOUGHT MAY BE RELEASED.

(D) A HEALTH CARE PROVIDER MAY DISCLOSE A MEDICAL
RECORD THAT RELATES TO AND IDENTIFIES MORE THAN ONE
RECIPIENT IN GROUP OR FAMILY THERAPY ONLY:

(1) ON THE AUTHORIZATION OF A PERSON IN INTEREST FOR
EACH RECIPIENT;

(2) AS PROVIDED IN THIS SUBTITLE; OR

(3) AS OTHERWISE PROVIDED BY LAW.

(E) THIS SECTION MAY NOT BE CONSTRUED TO PREVENT THE
DISCLOSURE OF A MEDICAL RECORD THAT RELATES TO THE PROVISION
OF MENTAL HEALTH SERVICES BETWEEN OR AMONG THE HEALTH CARE
PROVIDERS THAT PARTICIPATE IN THE APPROVED PLAN OF A CORE
SERVICE AGENCY FOR THE DELIVERY OF MENTAL HEALTH SERVICES, IF
A RECIPIENT:

(1) HAS RECEIVED A CURRENT LIST OF THE PARTICIPATING
PROVIDERS; AND -

(2) HAS SIGNED A WRITTEN AGREEMENT WITH THE CORE
SERVICE AGENCY TO PARTICIPATE IN THE CLIENT INFORMATION
SYSTEM DEVELOPED BY THE AGENCY.

(F) IF AN INDIVIDUAL GIVEN ACCESS TO A MEDICAL RECORD
THAT RELATES TO THE PROVISION OF MENTAL HEALTH SERVICES SIGNS
AN ACKNOWLEDGMENT OF THE DUTY UNDER THIS ACT NOT TO
REDISCLOSE PERSONAL IDENTIFYING INFORMATION ABOUT A
RECIPIENT, THIS SECTION MAY NOT BE CONSTRUED TO PREVENT THE
DISCLOSURE OF THE MEDICAL RECORD FOR RATE REVIEW, AUDITING,
HEALTH PLANNING, LICENSURE, APPROVAL, OR ACCREDITATION OF A
FACILITY BY GOVERNMENTAL OR PROFESSIONAL STANDARD SETTING
ENTITIES.

(G) (1) A HEALTH CARE PROVIDER MAY DISCLOSE A MEDICAL
RECORD WITHOUT THE AUTHORIZATION OF A PERSON IN INTEREST:

- 2039 -


 

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Session Laws, 1990 Session
Volume 436, Page 2039   View pdf image (33K)
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