§ 4-403. Disclosure of medical records
West's Annotated Code of MarylandInsuranceEffective: October 1, 2012
Effective: October 1, 2012
MD Code, Insurance, § 4-403
§ 4-403. Disclosure of medical records
(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 or claims records.
(b)(1) An insurer may disclose specific medical information or medical data contained in an insured's medical or claims records to:
(c) An insurer, or an insurance service organization whose functions include the collection of medical data, may disclose specific medical information or medical data contained in an insured's medical or claims records without the authorization of the insured:
(ii) medical information or medical data contained in an insured's medical or claims records may be disclosed only in accordance with the federal Health Insurance Portability and Accountability Act of 1996, any regulations adopted under the Act, and any other applicable federal privacy laws, and disclosures under this item may not be made in violation of the prohibited uses or disclosures under the federal Health Insurance Portability and Accountability Act of 1996;
(iii) an insurer or an insurance service organization that discloses medical information or medical data contained in an insured's medical or claims records in accordance with this item shall provide a notice consistent with the requirements of 45 C.F.R. § 164.520 specifying the information to be shared, with whom it will be shared, and the specific types of uses and disclosures that the insurer or insurance service organization may make in accordance with this item;
(iv) the notice required by item (iii) of this item shall include an opportunity for the insured to opt-out of the sharing of the insured's medical information or medical data contained in the insured's medical or claims records with the insured's treating providers for the purposes identified in this item; and
(v) if an insurer or an insurance service organization discloses medical information or medical data through an infrastructure that provides organizational and technical capabilities for the exchange of protected health information, as defined in § 4-301 of the Health--General Article, among entities not under common ownership, the insurer is subject to the requirements of §§ 4-302.2 and 4-302.3 of the Health--General Article.
(d) This section does not prohibit the use of medical records, data, or statistics if the use does not disclose the identity of a particular insured or covered person.
Credits
Added by Acts 1997, c. 57, § 1, eff. Oct. 1, 1997. Amended by Acts 1997, c. 198, § 1, eff. Oct. 1, 1997; Acts 2012, c. 326, § 1, eff. Oct. 1, 2012.
Formerly Art. 48A, § 490E.
MD Code, Insurance, § 4-403, MD INSURANCE § 4-403
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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