Ch. 57

1997 LAWS OF MARYLAND

terminology used throughout this article.

In the introductory language of subsection (b) of this section, the requirement
that information provided by a physician be "made" available is added for
clarity.

In subsection (c) of this section, the reference to reviewing the medical file of
an applicant or "claimant" is added for consistency within this section.

Defined terms: "Health insurance" § 1-101
"Insurer" § 1-101
"Life insurance" § 1-101
"Policy" § 1-101

4-403.

(A) EXCEPT AS PROVIDED IN SUBSECTION (B), (C), OR (D) OF THIS SECTION,
AN INSURER, OR AN INSURANCE SERVICE ORGANIZATION WHOSE FUNCTIONS
INCLUDE THE COLLECTION OF MEDICAL DATA, MAY NOT DISCLOSE THE CONTENTS
OF AN INSURED'S MEDICAL RECORDS.

(B) (1) AN INSURER MAY DISCLOSE SPECIFIC MEDICAL INFORMATION
CONTAINED IN AN INSURED'S MEDICAL RECORDS TO THE INSURED OR THE
INSURED'S AGENT OR REPRESENTATIVE.

(2) AN INSURER, OR AN INSURANCE SERVICE ORGANIZATION WHOSE
FUNCTIONS INCLUDE THE COLLECTION OF MEDICAL DATA, MAY DISCLOSE SPECIFIC
MEDICAL INFORMATION CONTAINED IN AN INSURED'S MEDICAL RECORDS IF THE
INSURED AUTHORIZES THE DISCLOSURE.

(C) AN INSURER, OR AN INSURANCE SERVICE ORGANIZATION WHOSE
FUNCTIONS INCLUDE THE COLLECTION OF MEDICAL DATA, MAY DISCLOSE THE
CONTENTS OF AN INSURED'S MEDICAL RECORDS WITHOUT THE AUTHORIZATION
OF THE INSURED:

(1) TO A MEDICAL REVIEW COMMITTEE, ACCREDITATION BOARD, OR
COMMISSION, IF THE INFORMATION IS REQUESTED BY OR IS IN FURTHERANCE OF
THE PURPOSE OF THE COMMITTEE, BOARD, OR COMMISSION;

(2) IN RESPONSE TO LEGAL PROCESS;

(3) TO A NONPROFIT HEALTH SERVICE PLAN OR BLUE CROSS OR BLUE
SHIELD PLAN TO COORDINATE BENEFIT PAYMENTS UNDER MULTIPLE SICKNESS
AND ACCIDENT, DENTAL, OR HOSPITAL MEDICAL CONTRACTS;

(4) TO INVESTIGATE POSSIBLE INSURANCE FRAUD;

(5) FOR REINSURANCE PURPOSES;

(6) IN THE NORMAL COURSE OF UNDERWRITING, TO AN INSURER
INFORMATION EXCHANGE THAT MAY NOT REDISCLOSE THE INFORMATION UNLESS
EXPRESSLY AUTHORIZED BY THE PERSON TO WHOM THE INFORMATION PERTAINS;

- 1318 -