WILLIAM DONALD SCHAEFER, Governor Ch. 480

E. BE MAILED TO THE RECIPIENT, THE PERSON IN

INTEREST, OR COUNSEL FOR THE RECIPIENT OR PERSON IN INTEREST
BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, ON OR BEFORE THE
DATE OF FILING THE REQUEST FOR ISSUANCE OF COMPULSORY
PROCESS OR THE REQUEST FOR DISCOVERY;

(VI) 1. IN ACCORDANCE WITH A SUBPOENA FOR
MEDICAL RECORDS ON SPECIFIC RECIPIENTS:

A. TO HEALTH PROFESSIONAL LICENSING AND

DISCIPLINARY BOARDS FOR THE SOLE PURPOSE OF AN INVESTIGATION
REGARDING LICENSURE, CERTIFICATION, OR DISCIPLINE OF A HEALTH
PROFESSIONAL OR THE IMPROPER PRACTICE OF A HEALTH PROFESSION;

AND

B. TO GRAND JURIES, PROSECUTION AGENCIES,

AND LAW ENFORCEMENT AGENCIES UNDER THE SUPERVISION OF
PROSECUTION AGENCIES FOR THE SOLE PURPOSES OF INVESTIGATION
AND PROSECUTION OF A PROVIDER FOR THEFT AND FRAUD, RELATED
OFFENSES, OBSTRUCTION OF JUSTICE, PERJURY, UNLAWFUL
DISTRIBUTION OF CONTROLLED SUBSTANCES, AND OF ANY CRIMINAL
ASSAULT, NEGLECT, PATIENT ABUSE OR SEXUAL OFFENSE COMMITTED
BY THE PROVIDER AGAINST A RECIPIENT, PROVIDED THAT THE
PROSECUTION OR LAW ENFORCEMENT AGENCY SHALL:

I. HAVE WRITTEN PROCEDURES WHICH SHALL BE

DEVELOPED IN CONSULTATION WITH THE DIRECTOR TO MAINTAIN THE
MEDICAL RECORDS IN A SECURE MANNER SO AS TO PROTECT THE
CONFIDENTIALITY OF THE RECORDS; AND

II. IN A CRIMINAL PROCEEDING AGAINST A

PROVIDER, TO THE MAXIMUM EXTENT POSSIBLE, REMOVE AND
PROTECT RECIPIENT IDENTIFYING INFORMATION FROM THE MEDICAL
RECORDS USED IN THE PROCEEDING;

2. IF A RECIPIENT BELIEVES THAT A MEDICAL

RECORD HAS BEEN INAPPROPRIATELY OBTAINED, MAINTAINED, OR
DISCLOSED UNDER THE PROVISIONS OF THIS SUBPARAGRAPH, THE
RECIPIENT MAY PETITION THE STATE PROSECUTOR FOR AN
INVESTIGATION OF THE ALLEGATION; AND

3. EXCEPT IN A PROCEEDING RELATING TO

PAYMENT FOR THE HEALTH CARE OF A RECIPIENT, THE MEDICAL
RECORD OF A RECIPIENT AND ANY INFORMATION OBTAINED AS A
RESULT OF A DISCLOSURE UNDER THIS SUBPARAGRAPH IS
DISCLOSABLE, NOTWITHSTANDING ANY PRIVILEGE IN LAW, BUT MAY
NOT BE USED IN ANY PROCEEDING AGAINST THE RECIPIENT; OR

(VII) IN THE EVENT OF THE DEATH OF A RECIPIENT, TO

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