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Ch. 270
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2000 LAWS OF MARYLAND
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(iii) If the offense is committed with intent to sell, transfer, or use
individually identifiable health information for commercial advantage, personal gain,
or malicious harm, a fine not exceeding $250,000, imprisonment for not more than 10
years, or both.
(2) This subsection does not apply to an officer or employee of a
governmental unit that is conducting a criminal investigation.
(f) A health care provider or any other person who knowingly violates any
provision of this subtitle is liable for actual damages.
(G) A HEALTH CARE PROVIDER OR ANY OTHER PERSON, INCLUDING AN
OFFICER OR EMPLOYEE OF A LOCAL GOVERNMENT UNDER § 5-303 OF THE COURTS
ARTICLE OR STATE PERSONNEL UNDER § 5-522 OF THE COURTS ARTICLE, MAY BE
LIABLE FOR PUNITIVE DAMAGES IF THE PERSON:
(1) KNOWINGLY AND WILLFULLY REQUESTS OR OBTAINS A MEDICAL
RECORD UNDER FALSE PRETENSES OR THROUGH DECEPTION WITH INTENT TO SELL,
TRANSFER, OR USE INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION FOR
COMMERCIAL ADVANTAGE, PERSONAL GAIN, OR MALICIOUS HARM; OR
(2) KNOWINGLY AND WILLFULLY DISCLOSES A MEDICAL RECORD IN
VIOLATION OF THIS SUBTITLE WITH INTENT TO SELL, TRANSFER, OR USE
INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION FOR COMMERCIAL
ADVANTAGE, PERSONAL GAIN, OR MALICIOUS HARM.
SUBTITLE 3A. STATE ADVISORY COUNCIL ON MEDICAL PRIVACY AND
CONFIDENTIALITY.
4-3A-01.
THERE IS A STATE ADVISORY COUNCIL ON MEDICAL PRIVACY AND
CONFIDENTIALITY.
4-3A-02.
(A) IN THIS SUBTITLE, "ADVISORY COUNCIL" MEANS THE STATE ADVISORY
COUNCIL ON MEDICAL PRIVACY AND CONFIDENTIALITY.
(B) (1) THE ADVISORY COUNCIL CONSISTS OF 25 29 MEMBERS.
(2) THE ADVISORY COUNCIL SHALL CONSIST OF 25 29 VOTING MEMBERS
APPOINTED BY THE GOVERNOR
(3) OF THE 25 29 VOTING MEMBERS:
(I) ONE SHALL BE THE SECRETARY OF HEALTH AND MENTAL
HYGIENE OR THE SECRETARYS DESIGNEE;
(II) TWO THREE SHALL BE LICENSED PHYSICIANS, INCLUDING:
1. ONE BOARD CERTIFIED PEDIATRICIAN WITH EXPERTISE
IN THE CONFIDENTIALITY OF CHILDREN'S MEDICAL RECORDS: AND
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