S.B. 32

VETOES

(a)     A health care provider shall:

(1)     Keep the medical record of a patient or recipient confidential; and

(2)     Disclose the medical record only:

(i) As provided by this subtitle; or
(ii) As otherwise provided by law.

(b)     The provisions of this subtitle do not apply to information:

(1)     Not kept in the medical record of a patient or recipient that is related to
the administration of a health care facility, including:

(i) Risk management;

(ii) Quality assurance; and

(iii) Any activities of a medical or dental review committee that are
confidential under the provisions of Title 14, Subtitle 6 and Title 4, Subtitle 5 of the
Health Occupations Article AND ANY ACTIVITIES OF A PHARMACY REVIEW
COMMITTEE;

(2)     Governed by the federal confidentiality of alcohol and drug abuse
patient records regulations, 42 CFR Part 2 and the provisions of § 8-601(c) of this article;
or                                 

(3)     Governed by the developmental disability confidentiality provisions in §§
7-1008 through 7-1011 of this article.

(c)     A health care provider may disclose directory information about a patient
without the authorization of a person in interest, except if the patient has instructed the
health care provider in writing not to disclose directory information.

(d)     A person to whom a medical record is disclosed may not redisclose the
medical record to any other person unless the redisclosure is:

(1)     Authorized by the person in interest;

(2)     Otherwise permitted by this subtitle;

(3)     Permitted under Article 88A, § 6(b) of the Code; or

(4)     Directory information.

(e)     The provisions of this subtitle may not be construed to constitute an exception
to the reporting requirements of Title 5, Subtitle 7 and Title 14, Subtitle 3 of the Family
Law Article.

Article - Health Occupations

12-505.

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