2142

LAWS OF MARYLAND

Ch. 728

(2) IN ADDITION, ANY PERSON WHO KNOWINGLY

VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED NOT MORE THAN $1,000. ANY DAMAGES
RECOVERABLE IN LAW OR EQUITY INCLUDING REASONABLE ATTORNEY'S
FEES.

Article 48a — Insurance Code

354M.

(A) A NONPROFIT HEALTH SERVICE PLAN MAY REVEAL

SPECIFIC MEDICAL INFORMATION CONTAINED IN A SUBSCRIBER'S

MEDICAL RECORDS TO THE SUBSCRIBER OR HIS AGENT OR
REPRESENTATIVE.

(B) A NONPROFIT HEALTH SERVICE PLAN MAY NOT REVEAL
SPECIFIC MEDICAL INFORMATION CONTAINED IN A SUBSCRIBER'S
MEDICAL RECORDS TO ANY PERSON UNLESS:

(1)    IT IS AUTHORIZED BY THE SUBSCRIBER; OR

(2)    IT IS PROVIDING INFORMATION REQUESTED BY OR
IN FURTHERANCE OF THE PURPOSE OF A MEDICAL REVIEW COMMITTEE,
ACCREDITATION BOARD, OR COMMISSION, OF IN RESPONSE TO LEGAL
PROCESS; OR

(3)    IT IS FURNISHING INFORMATION TO ANOTHER
NONPROFIT HEALTH SERVICE PLAN, OR BLUE CROSS OR BLUE SHIELD

PLAN, OR AN INSURANCE COMPANY FOR THE PURPOSE OF

COORDINATING BENEFIT PAYMENTS UNDER MORE THAN ONE SICKNESS

AND ACCIDENT, DENTAL, OR HOSPITAL MEDICAL INSURANCE--POLICY

OTHER THAN AN INDIVIDUAL POLICY CONTRACT; OR

(4)    IT IS PROVIDING INFORMATION TO GOVERNMENTAL
AGENCIES IN THE PERFORMANCE OF THEIR LAWFUL DUTIES AS
AUTHORIZED BY AN ACT OF THE GENERAL ASSEMBLY OR THE UNITED
STATES CONGRESS; OR

(5)    WHEN PROVIDING INFORMATION AT THE REQUEST
OF A RESEARCHER FOR THE PURPOSE OF MEDICAL AND HEALTH CARE
RESEARCH PURSUANT TO A PROTOCOL APPROVED BY AN INSTITUTIONAL

REVIEW BOARD.

(C) (1) A NONPROFIT HEALTH SERVICE PLAN WHICH
KNOWINGLY VIOLATES THIS SECTION SHALL BE LIABLE TO ANY
PLAINTIFF FOR:

(I) PUNITIVE DAMAGES OF UP TO $5,000 FOR

EACH VIOLATION;

(II) DAMAGES FOR MENTAL SUFFERING;

(III) ANY OTHER DAMAGES WHICH ARE

RECOVERABLE AT LAW OR IN EQUITY; AND

(IV) REASONABLE ATTORNEY'S FEES.