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Ch. 503 2005 LAWS OF MARYLAND
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(4) On or after July 1, 1995, the fees charged under paragraph (3) of this
subsection may be adjusted annually for inflation in accordance with the Consumer
Price Index.
(5) A HEALTH CARE PROVIDER WHO DISCLOSES A MEDICAL RECORD
UNDER § 4-306 OF THIS SUBTITLE MAY CHARGE FEES FOR THE RETRIEVAL, COPYING,
PREPARATION, MAILING, AND ACTUAL COST OF POSTAGE AND HANDLING OF THE
MEDICAL RECORD.
[(5)](6) Notwithstanding any other provision of law, any person or
entity who is not subject to the provisions of this subsection and who obtains a
medical record from a health care provider or the provider's agent may not charge a
fee for any subsequent copies of that medical record that exceeds the fee authorized
under paragraph (3)(i) of this subsection.
4-306.
(b) A health care provider shall disclose a medical record without the
authorization of a person in interest:
(6) [(i)] Subject to the additional limitations for a medical record
developed primarily in connection with the provision of mental health services in §
4-307 of this subtitle and except as otherwise provided in items (2), (7), and (8) of this
subsection, in accordance with compulsory process, if the [subpoena, summons,
warrant, or court order contains a certification that] HEALTH CARE PROVIDER
RECEIVES:
[1. A copy of the subpoena, summons, warrant, or court order
has been served on the person whose records are sought by the party seeking the
disclosure or production of the records; or
2. Service of the subpoena, summons, warrant, or court order
has been waived by the court for good cause;
(ii) In accordance with a stipulation by a patient or person in
interest; or
(iii) In accordance with a discovery request permitted by law to be
made to a court, an administrative tribunal, or a party to a civil court, administrative,
or health claims arbitration proceeding;]
(I) 1. AN A WRITTEN ASSURANCE FROM THE PARTY OR THE
ATTORNEY REPRESENTING THE PARTY SEEKING THE MEDICAL RECORDS THAT:
A. A PERSON IN INTEREST HAS NOT OBJECTED TO THE
DISCLOSURE OF THE DESIGNATED MEDICAL RECORDS AND 30 DAYS HAVE ELAPSED
SINCE THE NOTICE WAS SENT; OR
B. THE OBJECTIONS OF A PERSON IN INTEREST HAVE BEEN
RESOLVED AND THE REQUEST FOR DISCLOSURE IS IN ACCORDANCE WITH THE
RESOLUTION;
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