§ 4-306. Mandatory disclosure of medical record without authorization
West's Annotated Code of MarylandHealth--GeneralEffective: April 11, 2023
Effective: April 11, 2023
MD Code, Health - General, § 4-306
§ 4-306. Mandatory disclosure of medical record without authorization
(a) In this section, “compulsory process” includes a subpoena, summons, warrant, or court order that appears on its face to have been issued on lawful authority.
(b) A health care provider shall disclose a medical record without the authorization of a person in interest:
(2) 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 health professional licensing and disciplinary boards, in accordance with a subpoena for medical records for the sole purpose of an investigation regarding:
(3) To a health care provider or the provider's insurer or legal counsel, all information in a medical record relating to a patient or recipient's health, health care, or treatment which forms the basis for the issues of a claim in a civil action initiated by the patient, recipient, or person in interest;
(6) 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 and except as otherwise provided in items (2), (7), and (8) of this subsection, in accordance with compulsory process, if the health care provider receives:
In the | |
Plaintiffs | |
v. | For |
Defendants | |
Case No.: |
NOTICE TO (Patient Name)
IN COMPLIANCE WITH § 4-306 OF THE HEALTH--GENERAL ARTICLE, ANNOTATED CODE OF MARYLAND
TAKE NOTE that medical records regarding (Patient Name), have been subpoenaed from the (Name and address of Health Care Provider) pursuant to the attached subpoena and § 4-306 of the Health--General Article, Annotated Code of Maryland. This subpoena _____ does _____ does not (mark one) seek production of mental health records.
Please examine these papers carefully. IF YOU HAVE ANY OBJECTION TO THE PRODUCTION OF THESE DOCUMENTS, YOU MUST FILE A MOTION FOR A PROTECTIVE ORDER OR A MOTION TO QUASH THE SUBPOENA ISSUED FOR THESE DOCUMENTS UNDER MARYLAND RULES 2-403 AND 2-510 NO LATER THAN FIFTEEN (15) DAYS FROM THE DATE THIS NOTICE IS MAILED. For example, a protective order may be granted if the records are not relevant to the issues in this case, the request unduly invades your privacy, or causes you specific harm.
Also attached to this form is a copy of the subpoena duces tecum issued for these records.
If you believe you need further legal advice about this matter, you should consult your attorney.
Attorney | |
(Firm Name Attorney address Attorney phone number) | |
Attorneys for (Name of Party Represented) | |
Certificate of Service | |
I hereby certify that a copy of the foregoing notice was mailed, first-class postage prepaid, this _____ day of _______________, 20_____ to |
Patient | |
Each Counsel in Case | |
Attorney |
(iii) For disclosures made under item (i)1B of this item, copies of the following items that were mailed by certified mail and by mail sent first-class postage prepaid to the person in interest and, if applicable, by mail sent first-class postage prepaid to the court and parties in a criminal or juvenile delinquency case by the person requesting the disclosure at least 30 days before the records are to be disclosed:
In the | |
Plaintiffs | |
v. | For |
Defendants | |
Case No.: |
NOTICE TO (Patient Name)
IN COMPLIANCE WITH § 4-306 OF THE HEALTH--GENERAL ARTICLE, ANNOTATED CODE OF MARYLAND
TAKE NOTE that medical records regarding (Patient Name), have been subpoenaed from the (Name and address of Health Care Provider) pursuant to the attached subpoena and § 4-306 of the Health--General Article, Annotated Code of Maryland. This subpoena _____ does _____ does not (mark one) seek production of mental health records.
Please examine these papers carefully. IF YOU HAVE ANY OBJECTION TO THE PRODUCTION OF THESE DOCUMENTS, YOU MUST FILE A MOTION FOR A PROTECTIVE ORDER OR A MOTION TO QUASH THE SUBPOENA ISSUED FOR THESE DOCUMENTS UNDER MARYLAND RULES 2-403, 2-510, OR 4-266 NO LATER THAN THIRTY (30) DAYS FROM THE DATE THIS NOTICE IS MAILED. For example, a protective order may be granted if the records are not relevant to the issues in this case, the request unduly invades your privacy, or causes you specific harm.
Also attached to this form is a copy of the subpoena duces tecum issued for these records.
If you believe you need further legal advice about this matter, you should consult your attorney.
Attorney | |
(Firm Name Attorney address Attorney phone number) | |
Attorneys for (Name of Party Represented) | |
Certificate of Service | |
I hereby certify that a copy of the foregoing notice was mailed, first-class postage prepaid, this _____ day of _______________, 20_____ to |
Patient | |
Each Counsel in Case | |
Attorney |
(7) 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, and the limitations on patient overdose information under § 13-3602(e) of this article, to grand juries, prosecution agencies, law enforcement agencies or their agents or employees to further an investigation or prosecution, pursuant to a subpoena, warrant, or court order for the sole purposes of investigating and prosecuting criminal activity, provided that the prosecution agencies and law enforcement agencies have written procedures to protect the confidentiality of the records;
(12) To a guardian ad litem appointed by a court to protect the best interests of a minor or a disabled or elderly individual who is a victim of a crime or a delinquent act, for the sole purpose and use of the guardian ad litem in carrying out the guardian ad litem's official function to protect the best interests of the minor or the disabled or elderly individual in a criminal or juvenile delinquency court proceeding as permitted under 42 C.F.R. § 164.512(e).
(c)(1) Subject to paragraphs (2) through (4) of this subsection, a health care provider shall disclose medical and legal records without the authorization of an individual to a public defender who states in writing that the Office of the Public Defender represents the individual in:
(d) When a disclosure is sought under this section:
(e)(1) Subject to paragraph (2) of this subsection, a health care provider shall disclose a medical record in accordance with compulsory process not later than 30 days after receiving:
Credits
Added by Acts 1990, c. 480, § 2, eff. July 1, 1991. Amended by Acts 1993, c. 83, § 1, eff. Oct. 1, 1993; Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 1997, c. 185, § 1, eff. Oct. 1, 1997; Acts 1998, c. 21, § 1, eff. April 14, 1998; Acts 1999, c. 355, § 1, eff. July 1, 1999; Acts 1999, c. 356, § 1, eff. July 1, 1999; Acts 2000, c. 270, § 2, eff. July 1, 2000; Acts 2005, c. 233, § 1, eff. July 1, 2005; Acts 2005, c. 503, § 1, eff. July 1, 2005; Acts 2006, c. 44, § 1, eff. April 8, 2006; Acts 2007, c. 8, § 1, eff. Oct. 1, 2007; Acts 2008, c. 300, § 1, eff. Oct. 1, 2008; Acts 2013, c. 287, § 1, eff. Oct. 1, 2013; Acts 2014, c. 650, § 1, eff. Oct. 1, 2014; Acts 2015, c. 22, § 1, eff. April 14, 2015; Acts 2015, c. 22, § 5; Acts 2017, c. 165, § 1, eff. Oct. 1, 2017; Acts 2017, c. 166, § 1, eff. Oct. 1, 2017; Acts 2018, c. 504, § 1, eff. Oct. 1, 2018; Acts 2018, c. 682, § 1, eff. Oct. 1, 2018; Acts 2022, c. 517, § 1, eff. Oct. 1, 2022; Acts 2023, c. 49, § 2, eff. April 11, 2023.
MD Code, Health - General, § 4-306, MD HEALTH GEN § 4-306
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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