WILLIAM DONALD SCHAEFER, Governor                            Ch. 585

(4) 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 (2)(I) OF THIS SUBSECTION.

4-309.

(a)      If a health care provider knowingly refuses to disclose a medical record within
a reasonable time after a person in interest requests the disclosure, the health care
provider is liable for actual damages.

(b)     A health care provider or any other person is in violation of this subtitle if the
health care provider or any other person:

(1)      Requests or obtains a medical record under false pretenses or through
deception; or

(2)      Discloses a medical record in violation of this subtitle.

(C) (1) IN ADDITION TO THE PROVISIONS OF SUBSECTIONS (A) AND (B) OF
THIS SECTION, A HEALTH CARE PROVIDER IS IN VIOLATION OF § 4-304 OF THIS
SUBTITLE IF THE HEALTH CARE PROVIDER REFUSES TO COMPLY WITH A REQUEST
FOR A COPY OF A MEDICAL RECORD BY:

(I) WILLFULLY OR ARBITRARILY REFUSING TO PROVIDE THE
COPY OF THE MEDICAL RECORD; OR

(II) IMPOSING A CHARGE FOR A COPY OF A MEDICAL RECORD IN
EXCESS OF THE REASONABLE EXPENSE OF MAKING THE COPIES AND PROCESSING
THE REQUEST.

(2) A HEALTH CARE PROVIDER FOUND IN VIOLATION OF THIS
SUBSECTION IS LIABLE FOR ACTUAL COSTS TO THE PERSON IN INTEREST OR ANY
OTHER AUTHORIZED PERSON THAT WERE INCURRED DURING THE COURSE OF
OBTAINING THE COPIES, INCLUDING COURT COSTS AND REASONABLE ATTORNEY'S

FEES.

[(c)](D) A health care provider or any other person who knowingly and willfully
violates any provision of this subtitle is guilty of a misdemeanor and on conviction is
subject to a fine not exceeding $1,000 for the first offense and not exceeding $5,000 for
each subsequent conviction for a violation of any provision of this subtitle.

[(d)](E) A health care provider or any other person who knowingly violates any
provision of this subtitle is liable for actual damages.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1994.

Approved May 26, 1994.

- 2715 -