Ch. 35

1997 LAWS OF MARYLAND

(D) SAME — IDENTITY OF SUBSCRIBER OR CERTIFICATE HOLDER NOT
DISCLOSED.

THIS SECTION DOES NOT PROHIBIT THE USE OF MEDICAL RECORDS, DATA, OR
STATISTICS IF THE USE DOES NOT DISCLOSE THE IDENTITY OF A PARTICULAR
SUBSCRIBER OR CERTIFICATE HOLDER.

(E) VIOLATION; CIVIL PENALTY.

A NONPROFIT HEALTH SERVICE PLAN THAT KNOWINGLY VIOLATES THIS
SECTION IS LIABLE TO A PLAINTIFF FOR ANY DAMAGES RECOVERABLE IN A CIVIL
ACTION, INCLUDING REASONABLE ATTORNEY'S FEES.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 354-0.

Throughout this section, references to a "certificate holder" are added for
consistency with terminology used elsewhere in this subtitle.

In subsections (a), (b)(1) and (2), the introductory language of (c), and (c)(7)
of this section, the word "disclose" is substituted for the former word "reveal"
for consistency with terminology used in Title 4, Subtitle 3 of the Health -
General Article ("Confidentiality of Medical Records").

In subsection (a) of this section, the former phrase "to any person" is deleted
as surplusage.

In subsection (b)(1) and (2) of this section, the reference to a "Blue Cross or
Blue Shield plan" is added for consistency with subsections (a) and (c) of this
section.

In the introductory language of subsection (c) of this section, the phrase
"without the authorization of the subscriber or certificate holder" is added to
state expressly that which was only implied in the former law.

In subsection (e) of this section, the reference to damages recoverable in a
"civil action" is substituted for the former reference to damages recoverable
"in law or equity" to reflect the 1984 revision of the Maryland Rules, which
eliminated the pleading distinctions between law and equity.

The Insurance Article Review Committee notes, for consideration by the
General Assembly, that former Art. 48A, § 354-0 was first enacted in 1978 as
part of an act (Chapter 728) relating to privacy of medical records that also
enacted similar provisions in the former Health Article. The Committee also
notes that the provisions of the Health - General Article relating to
confidentiality of medical records were substantively revised in 1990 (Chapter
480). The General Assembly may wish to consider whether this section should
also be substantively revised to ensure consistency with Title 4, Subtitle 3 of
the Health - General Article.

Defined terms: "Agent" § 1-101
"Insurer" § 1-101

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