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Ch. 3 2007 Laws of Maryland
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Human Services Article Review Committee decided that an explicit
definition of "county" should be included in this article.
(C) PERSON.
"PERSON" MEANS AN INDIVIDUAL, RECEIVER, TRUSTEE, GUARDIAN, PERSONAL
REPRESENTATIVE, FIDUCIARY, REPRESENTATIVE OF ANY KIND, PARTNERSHIP, FIRM,
ASSOCIATION, CORPORATION, OR OTHER ENTITY.
REVISOR'S NOTE: This subsection is new language added to provide an
express definition of the term "person".
The definition of "person" in this subsection does not include a
governmental entity or unit. The Court of Appeals of Maryland has held
consistently that the word "person" in a statute does not include the State,
its agencies, or subdivisions unless an intention to include these entities is
made manifest by the legislature. See, e.g., Unnamed Physician v.
Commission on Medical Discipline, 285 Md. 1, 12-14 (1979).
As to the term "personal representative", see Art. 1, § 5.
(D) STATE.
"STATE" MEANS:
(1) A STATE, POSSESSION, TERRITORY, OR COMMONWEALTH OF THE
UNITED STATES; OR
(2) THE DISTRICT OF COLUMBIA.
REVISOR'S NOTE: This subsection is new language added to provide an
express definition of the term "state". This definition conforms to the
definition of "state" in other revised articles of the Code. See, e.g., IN §
1-101(kk), PUC § 1-101(dd), SP § 1-101(o), CS § 1-101(n), and CR §
1-101(i).
SUBTITLE 2. GENERAL PROVISIONS.
PART I. CONFIDENTIALITY OF INFORMATION.
1-201. CONFIDENTIALITY OF INFORMATION — IN GENERAL.
(A) PROHIBITED ACT.
EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A PERSON MAY
NOT DISCLOSE ANY INFORMATION CONCERNING AN APPLICANT FOR OR RECIPIENT
OF SOCIAL SERVICES, CHILD WELFARE SERVICES, CASH ASSISTANCE, FOOD STAMPS,
OR MEDICAL ASSISTANCE THAT IS DIRECTLY OR INDIRECTLY DERIVED FROM THE
RECORDS, INVESTIGATIONS/OR COMMUNICATIONS OF THE STATE, A COUNTY, OR A
MUNICIPAL CORPORATION OR A UNIT OF THE STATE, A COUNTY, OR A MUNICIPAL
CORPORATION OR THAT IS ACQUIRED IN THE COURSE OF THE PERFORMANCE OF
OFFICIAL DUTIES.
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