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§ 7-1011. Request to change record

West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2014

West's Annotated Code of Maryland
Health--General
Title 7. Developmental Disabilities Law (Refs & Annos)
Subtitle 10. Rights of Individuals (Refs & Annos)
Effective: October 1, 2014
MD Code, Health - General, § 7-1011
§ 7-1011. Request to change record
Currentness
In general
(a) An individual with developmental disability or person who is authorized to act on behalf of the individual may:
(1) Contest a record that the licensee keeps on the individual;
(2) Ask for an addition to or other change in the record; and
(3) Contest disclosure of the record.
Receipt of request to change record
(b) Within 14 days after a licensee receives a request to change a record, the licensee shall acknowledge receipt of the request.
Receipt of request
(c)(1) Within 14 days after a licensee acknowledges receipt of the request, the licensee shall:
(i) Make or refuse to make the requested change; and
(ii) Give the person who requested the change written notice of the licensee's action.
(2) A notice of refusal shall contain:
(i) Each reason for the refusal; and
(ii) Any procedures that the Deputy Secretary has set for review of the refusal.
Right of review
(d)(1) An individual with developmental disability or person who is authorized to act on behalf of the individual may ask the Deputy Secretary to review the refusal.
(2) Within 45 days after the request for review, the Deputy Secretary shall:
(i) Complete the review;
(ii) Make a final determination; and
(iii) Give the individual with developmental disability or person who is authorized to act on behalf of the individual written notice of the final determination.
Refusal to change record
(e) If the final determination of the Deputy Secretary is a refusal to change a record, the written notice shall include:
(1) Each reason for the refusal;
(2) The procedure for inserting in the record a concise statement of the reason that the individual with developmental disability or person who is authorized to act on behalf of the individual disagrees with that refusal; and
(3) Information on the right to seek judicial review of the decision of the Deputy Secretary.

Credits

Added by Acts 1986, c. 636, § 2, eff. July 1, 1986; Acts 1986, c. 637, § 2, eff. July 1, 1986. Amended by Acts 1990, c. 6, § 2, eff. Feb. 16, 1990; Acts 2014, c. 539, § 1, eff. Oct. 1, 2014.
MD Code, Health - General, § 7-1011, MD HEALTH GEN § 7-1011
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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