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Ch. 270
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2000 LAWS OF MARYLAND
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Health - General Article of the Annotated Code of Maryland be renumbered to be
Section(s) 4-302(g) and 4-307(g) through (k), respectively.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:
Article - Health - General
4-302.
(E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A
PERSON MAY NOT DISCLOSE BY SALE, RENTAL, OR BARTER ANY MEDICAL RECORD.
(2) THIS SUBSECTION SHALL NOT PROHIBIT THE TRANSFERS OF
MEDICAL RECORDS RELATING TO THE TRANSFER OF OWNERSHIP OF A HEALTH CARE
PRACTICE OR FACILITY IF THE TRANSFER IS IN ACCORD WITH THE ETHICAL
GUIDELINES OF THE APPLICABLE HEALTH CARE PROFESSION OR PROFESSIONS.
(F) (1) IF A MEDICAL RECORD IS TRANSFERRED UNDER SUBSECTION (E)(2)
OF THIS SECTION, THE PROVIDER WHO MAINTAINS THE RECORDS SHALL NOTIFY
THE PATIENT OR PERSON IN INTEREST.
(2) THE NOTICE UNDER THIS SUBSECTION SHALL:
(I) BE MADE BY FIRST CLASS MAIL TO THE LAST KNOWN ADDRESS
OF THE PATIENT OR PERSON IN INTEREST WITHIN 30 DAYS OF THE TRANSFER OF
OWNERSHIP OF THE HEALTH CARE PRACTICE; AND
(II) INCLUDE A DESIGNATED LOCATION FROM WHICH THE
MEDICAL RECORD MAY BE RETRIEVED, IF WANTED.
4-302.1.
(A) PAYORS THAT ACCEPT CLAIMS ORIGINATING IN THIS STATE FROM
MEDICAL CARE ELECTRONIC CLAIMS CLEARINGHOUSES SHALL ACCEPT CLAIMS
ONLY FROM MEDICAL CARE ELECTRONIC CLAIMS CLEARINGHOUSES THAT ARE:
(1) ACCREDITED BY THE ELECTRONIC HEALTHCARE NETWORK
ACCREDITATION COMMISSION; OR
(2) CERTIFIED BY THE STATE MARYLAND HEALTH CARE COMMISSION.
(B) THE STATE MARYLAND HEALTH CARE COMMISSION SHALL ADOPT
REGULATIONS TO CARRY OUT THIS SUBSECTION.
4-306.
(b) A health care provider shall disclose a medical record without the
authorization of a person in interest:
(7) [To] SUBJECT TO THE ADDITIONAL LIMITATIONS FOR A MEDICAL
RECORD DEVELOPED PRIMARILY IN CONNECTION WITH THE PROVISION OF MENTAL
HEALTH SERVICES IN § 4-307 OF THIS SUBTITLE, TO grand juries, prosecution
agencies, law enforcement agencies or their agents or employees to further an
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- 1616 -
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