224

LAWS OF MARYLAND

Ch. 21

ACCIDENT, DENTAL, OR HOSPITAL AND MEDICAL INSURANCE POLICY
OTHER THAN AN INDIVIDUAL POLICY.

(D) PENALTY.

A PROVIDER OF MEDICAL CARE WHO KNOWINGLY VIOLATES ANY
PROVISION OF THIS SECTION SHALL BE LIABLE TO A PLAINTIFF FOR
ANY DAMAGES RECOVERABLE IN LAW OR EQUITY, INCLUDING
REASONABLE ATTORNEY'S FEES.

REVISOR'S NOTE: This section formerly appeared as
Article 43, § 54L.

In subsection (c) of this section, the phrase
"{s}ubsection (b) of this section does not
apply" is substituted for the overly broad phrase
"{t}his section does not apply", to reflect the
apparent intent of the former law -- i.e., that
these disclosures may be made notwithstanding the
general prohibition against disclosures in
subsection (b) of this section. This
substitution avoids the unintended possibility of
disallowing a disclosure under subsection (a) of
this section in the event that a circumstance in
subsection (c) of this section occurs.

The only other changes are in style.

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that subsection (a)(1) of this section may not
encompass disclosures of medical information on
an individual, if the individual is a minor.
Cf., § 4-302(a)(4) and (b)(3) of this subtitle,
as to required disclosures by certain facilities.

See also Subtitle 1 of this title as to
confidential records of the Secretary and certain
units in the Department.

Defined terms: "Includes"/"including" § 1-101
"Person" § 1-101

4-302. RECORDS OF FACILITIES.

(A) DEFINITIONS.

(1)  IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)  "FACILITY" MEANS:

(I) A HOSPITAL AS DEFINED IN § 19-301 OF
THIS ARTICLE; OR