2396

LAWS OF MARYLAND

Ch. 815

RECORD AS REQUESTED AND INFORM THE PERSON IN WRITING OF THAT
AMENDMENT OR SUPPLEMENT, OR INFORM THE PERSON OF ITS REFUSAL
TO AMEND OR SUPPLEMENT THE RECORD AS REQUESTED, INCLUDING
THE REASON FOR THE REFUSAL AND THE PROCEDURES ESTABLISHED BY
THE DIRECTOR FOR THE PERSON TO OBTAIN A REVIEW OF THAT
REFUSAL.

(5) THE PERSON WHO DISAGREES WITH THE REFUSAL
OF THE FACILITY MAY REQUEST THE DIRECTOR TO REVIEW THE
REFUSAL. WITHIN 45 DAYS FROM THIS REQUEST, THE DIRECTOR
SHALL COMPLETE A REVIEW AND MAKE A FINAL DETERMINATION. THE
DIRECTOR SHALL NOTIFY THE PERSON IN WRITING OF THE FINAL
DETERMINATION. IF THE FINAL DETERMINATION INVOLVES A
REFUSAL TO AMEND OR SUPPLEMENT THE RECORD AS REQUESTED, THEN
THE WRITTEN NOTIFICATION SHALL INCLUDE THE REASONS FOR THE
REFUSAL, INFORM THE PERSON OF THE PROCEDURES FOR INSERTING
IN THE RECORD A CONCISE STATEMENT OF THE REASONS THE PERSON
DISAGREES WITH THE REFUSAL OF THE AGENCY, AND APPRISE THE
PERSON OF THE PROVISIONS FOR JUDICIAL REVIEW OF THE
DIRECTOR'S DECISION.

(D) EXCEPT AS PROVIDED IN SUBSECTION (E), THESE
RECORDS ARE NOT OPEN FOR INSPECTION TO ANYONE OTHER THAN THE
PERSON ABOUT WHOM THE RECORD IS MAINTAINED, UNLESS:

(1)    THE PERSON HAS GIVEN WRITTEN INFORMED
CONSENT FOR THE INSPECTION; OR

(2)    THE INFORMATION IS REQUESTED IN FURTHERANCE
OF THE PURPOSE OF:

(I)    A MEDICAL REVIEW COMMITTEE; OR

(II)   AN ACCREDITATION BOARD OR COMMISSION;
OR

(III)  A LICENSING AGENCY AUTHORIZED BY
STATUTE TO REVIEW RECORDS; OR

(IV)   A COURT ORDER; OR

(V)    PROVIDING MEDICAL OR OTHER SERVICE
FOR THE HEALTH AND WELFARE OF SUCH PERSON AND THE FACILITY
OR INDIVIDUAL MAKING SUCH REQUEST IS RESPONSIBLE FOR THE
DELIVERY OF SUCH SERVICE; OR

(VI)   REPRESENTATIVES OF THE DIVISION OF
REIMBURSEMENT, DEPARTMENT OF HEALTH AND MENTAL HYGIENE; OR

(VII)  AUDITORS OF THE DEPARTMENT OF HEALTH
AND MENTAL HYGIENE.; OR

(VIII) AUDITORS OF THE LEGISLATIVE
AUDITOR'S OFFICE IN THE DEPARTMENT OF FISCAL SERVICES.

(3) THE INFORMATION IS NECESSARY FOR ROUTINE
USE BY THE STAFF OF THE PARTICULAR FACILITY.