226

LAWS OF MARYLAND

Ch. 21

(1)  EACH FACILITY SHALL ESTABLISH PROCEDURES BY
WHICH A PERSON IN INTEREST MAY REQUEST AN ADDITION TO OR
OTHER CORRECTION OF A MEDICAL RECORD. HOWEVER, A PERSON IN
INTEREST MAY NOT HAVE ANY INFORMATION DELETED FROM A MEDICAL
RECORD.

(2)  WITHIN A REASONABLE TIME AFTER A PERSON IN
INTEREST ASKS TO HAVE A MEDICAL RECORD CHANGED, THE FACILITY
SHALL:

(I)  MAKE THE REQUESTED CHANGE; OR

(II)  REFUSE TO MAKE THE CHANGE AND GIVE
THE PERSON IN INTEREST WRITTEN NOTICE OF THE REFUSAL.

(3)  A NOTICE OF REFUSAL SHALL CONTAIN:

(I)  EACH REASON FOR THE REFUSAL; AND

(II)  THE PROCEDURES, IF ANY, THAT THE
FACILITY HAS SET FOR REVIEW OF THE REFUSAL.

(4)  IF THE FINAL DETERMINATION OF THE FACILITY
IS A REFUSAL TO CHANGE A MEDICAL RECORD, THE FACILITY:

(I)  SHALL PERMIT THE PERSON IN INTEREST TO
INSERT IN THE MEDICAL RECORD A CONCISE STATEMENT OF THE
REASON THAT THE PERSON IN INTEREST DISAGREES WITH THAT
REFUSAL; AND

(II)  MAY INCLUDE A STATEMENT OF THE
REASONS FOR THE REFUSAL.

(5)  A FACILITY SHALL PROVIDE A NOTICE OF A
CHANGE IN A MEDICAL RECORD OR A COPY OF A STATEMENT OF
DISAGREEMENT INSERTED IN THE MEDICAL RECORD TO EACH PERSON
TO WHOM THE FACILITY PREVIOUSLY DISCLOSED INACCURATE,
INCOMPLETE, OR DISPUTED INFORMATION AND WHOM THE PERSON IN
INTEREST DESIGNATES TO RECEIVE THE NOTICE OR STATEMENT.

(6)  IF A FACILITY LATER DISCLOSES A MEDICAL
RECORD, THE FACILITY ALSO SHALL PROVIDE EACH ADDITION,
CORRECTION, AND STATEMENT OF DISAGREEMENT INSERTED IN THE
MEDICAL RECORD.

(D) LIABILITY.

(1)  A FACILITY IS NOT LIABLE FOR DEFAMATION,
INVASION OF PRIVACY, OR NEGLIGENCE OTHER THAN GROSS
NEGLIGENCE FOR A DISCLOSURE OF A MEDICAL RECORD UNDER THIS
SECTION.

(2)  IF A FACILITY REFUSES TO DISCLOSE A MEDICAL
RECORD WITHIN A REASONABLE TIME AFTER A PERSON IN INTEREST
REQUESTS THE DISCLOSURE, THE FACILITY IS, IN ADDITION TO ANY