§ 4-304. Medical records; copy fees
West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2021
Effective: October 1, 2021
MD Code, Health - General, § 4-304
§ 4-304. Medical records; copy fees
(a)(1) Except as otherwise provided in this subtitle, a health care provider shall comply within a reasonable time after a person in interest requests in writing:
(2) If a medical record relates to a psychiatric or psychological problem and the attending health care provider, with any available and feasible input from a primary provider of mental health services, believes disclosure of any portion of the medical record to be injurious to the health of a patient or recipient, the health care provider may refuse to disclose that portion of the medical record to the patient, recipient, or person in interest but, on written request, shall:
(b)(1) A health care provider shall establish procedures for a person in interest to request an addition to or correction of a medical record.
(c)(1)(i) In this subsection, “medical record” includes a copy of a medical bill that has been requested by an individual.
(3)(i) Except as provided in subparagraph (iii) of this paragraph, for a copy of a medical record requested by a person in interest or any other authorized person under paragraph (2)(ii) of this subsection, a health care provider may charge a fee for copying and mailing not exceeding 76 cents for each page of the medical record.
(iii) Subject to the fee limitations that apply to persons in interest under 45 C.F.R. 164.524 and any guidance on those limitations issued by the U.S. Department of Health and Human Services, a hospital or a health care provider that uses or maintains the requested medical records in an electronic format may charge for an electronic copy of a medical record in an electronic format requested by a person in interest or any other authorized person:
(ii) The preparation fee charged for medical record retrieval and preparation under paragraph (3)(ii)1 of this subsection and for retrieval and preparation of a medical record in an electronic format under paragraph (3)(iii)1 of this subsection may not be adjusted annually for inflation in accordance with the Consumer Price Index.
(6)(i) Except as provided in subparagraph (ii) of this paragraph, a health care provider may charge a fee, as authorized under paragraphs (3) and (4) of this subsection, for the retrieval, copying, preparation, mailing, and actual cost of postage and handling of a medical record disclosed under § 4-306 of this subtitle.
(ii) If a government unit or agency or court-appointed guardian ad litem in a criminal or juvenile delinquency court proceeding makes a request for the disclosure of a medical record under § 4-306 of this subtitle, a health care provider may not charge the government unit or agency or court-appointed guardian ad litem a fee for the retrieval, copying, preparation, mailing, and actual cost of postage and handling of the medical record.
(7) Notwithstanding any other provision of law, a health care provider may not charge a person in interest, except for an attorney appointed in writing by a person in interest, who requests a copy of a medical record of an individual enrolled in the Maryland Medical Assistance Program a fee that exceeds $20, adjusted annually for inflation in accordance with the Consumer Price Index, for each 100 pages or portion of 100 pages copied.
(8) Notwithstanding any other provision of law, any person or entity who is not subject to the provisions of this subsection and who obtains a medical record from a health care provider or the provider's agent may not charge a fee for any subsequent copies of that medical record that exceeds the fee authorized under paragraph (3)(i) of this subsection.
Credits
Added by Acts 1990, c. 480, § 2, eff. July 1, 1991. Amended by Acts 1994, c. 585, § 1, eff. Oct. 1, 1994; Acts 1995, c. 3, § 1, eff. March 7, 1995; Acts 1997, c. 14, § 1, eff. April 8, 1997; Acts 2001, c. 265, § 1, eff. Oct. 1, 2001; Acts 2006, c. 495, § 1, eff. Oct. 1, 2006; Acts 2014, c. 104, § 2, eff. Oct. 1, 2014; Acts 2014, c. 398, § 1, eff. Oct. 1, 2014; Acts 2016, c. 724, § 1, eff. Oct. 1, 2016; Acts 2016, c. 8, § 5; Acts 2017, c. 62, § 6; Acts 2017, c. 165, § 1, eff. Oct. 1, 2017; Acts 2017, c. 166, § 1, eff. Oct. 1, 2017; Acts 2019, c. 8, § 5; Acts 2021, c. 157, § 1, eff. Oct. 1, 2021.
MD Code, Health - General, § 4-304, MD HEALTH GEN § 4-304
Current through legislation effective through May 9, 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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