PARRIS N. GLENDENING, Governor

Ch. 3

2.       The certificate [shall]:

A.       [Notify] NOTIFIES the recipient or the person in interest
that disclosure of the recipient's medial record is sought;

B.       [Notify] NOTIFIES the recipient or the person in interest of
the provisions of this subsection or any other provision of law on which the requesting
party relies in seeking disclosure of the information;

C.       [Notify] NOTIFIES the recipient or the person in interest of
the procedure for filing a motion to quash or a motion for a protective order;

D.      [Be] IS attached to a copy of the request for issuance of a
compulsory process or request for discovery; and

E.       [Be] IS mailed to the recipient, the person in interest, or
counsel for the recipient or person in interest by certified mail, return receipt requested,
on or before the date of filing the request for issuance of compulsory process or the
request for discovery;

(vi) [1.] In accordance with a subpoena for medical records on
specific recipients:

[A.] 1. To health professional licensing and disciplinary boards
for the sole purpose of an investigation regarding licensure, certification, or discipline of
a health professional or the improper practice of a health profession; and

[B.] 2. To grand juries, prosecution agencies, and law
enforcement agencies under the supervision of prosecution agencies for the sole purposes
of investigation and prosecution of a provider for theft and fraud, related offenses,
obstruction of justice, perjury, unlawful distribution of controlled substances, and of any
criminal assault, neglect, patient abuse or sexual offense committed by the provider
against a recipient, provided that the prosecution or law enforcement agency shall:

[i.] A. Have written procedures which shall be developed in
consultation with the director to maintain the medical records in a secure manner so as to
protect the confidentiality of the records; and

[ii.] B. In a criminal proceeding against a provider, to the
maximum extent possible, remove and protect recipient identifying information from the
medical records used in the proceeding;

[2. If a recipient believes that a medical record has been
inappropriately obtained, maintained, or disclosed under the provisions of this
subparagraph, the recipient may petition the State prosecutor for an investigation of the
allegation; and

3.       Except in a proceeding relating to payment for the health
care of a recipient, the medical record of a recipient and any information obtained as a
result of a disclosure under this subparagraph is disclosable, notwithstanding any
privilege in law, but may not be used in any proceeding against the recipient;] or

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