§ 4-403. Retention, destruction of medical records
West's Annotated Code of MarylandHealth--GeneralEffective: July 1, 2022
Effective: July 1, 2022
MD Code, Health - General, § 4-403
§ 4-403. Retention, destruction of medical records
(a)(1) In this section, a “health care provider” means:
1. A freestanding ambulatory care facility as defined under § 19-3B-01 of this article;
2. A freestanding medical facility as defined under § 19-3A-01 of this article;
3. A health care facility as defined under § 10-101 of this article;
4. A health maintenance organization as defined under § 19-701 of this article;
5. A hospital as defined under § 19-301 of this article;
6. A limited service hospital as defined under § 19-301 of this article;
7. A related institution as defined in § 19-301 of this article; and
8. A residential treatment center as defined under § 19-301 of this article;
(b) Except for a minor patient, unless a patient is notified, a health care provider may not destroy a medical record or laboratory or X-ray report about a patient for 5 years after the record or report is made.
(c) In the case of a minor patient, a medical record or laboratory or X-ray report about a minor patient may not be destroyed until the patient attains the age of majority plus 3 years or for 5 years after the record or report is made, whichever is later, unless:
(d) The notice under subsections (b) and (c) of this section shall:
(e) After the death, retirement, surrender of the license, or discontinuance of the practice or business of a health care provider, the health care provider, the administrator of the estate, or a designee who agrees to provide for the maintenance of the medical records of the practice or business and who states, in writing to the appropriate health occupation board within a reasonable time, that the records will be maintained in compliance with this section, shall:
(f)(1) After consulting with the Association of Maryland Hospitals and Health Systems, the Maryland State Medical Society, and other interested parties, including consumers and payors, the Secretary shall adopt regulations governing the destruction of medical records.
1. Ensure confidentiality; and
2. Provide limited access to the medical records until the records are destroyed; and
(g)(1) A health care provider or any other person who knowingly violates any provision of this subtitle is liable for actual damages.
A. A health care provider, as defined under subsection (a)(1)(i) through (vi) or (viii) through (xx) of this section; or
B. An agent, employee, officer, or director of a health care provider.
2. The administrative fines applicable to an individual covered under subsubparagraph 1 of this subparagraph shall be assessed as follows:
A. The first fine assessed or first set of fines assessed concurrently for all violations cited in a single day may not exceed $1,000;
B. The second fine assessed or second set of fines assessed concurrently for all violations cited in a single day may not exceed $2,500; and
C. The third or subsequent fine assessed or third or subsequent set of fines assessed concurrently for all violations cited in a single day may not exceed $5,000.
Credits
Added by Acts 1986, c. 695, § 1, eff. July 1, 1986. Amended by Acts 1990, c. 480, § 1, eff. July 1, 1991; Acts 1992, c. 122, § 1, eff. Oct. 1, 1992; Acts 1997, c. 235, § 1, eff. Oct. 1, 1997; Acts 1997, c. 580, § 1, eff. Oct. 1, 1997; Acts 2000, c. 61, § 7, eff. April 25, 2000; Acts 2001, c. 402, § 1, eff. Oct. 1, 2001; Acts 2022, c. 371, § 1, eff. July 1, 2022; Acts 2022, c. 372, § 1, eff. July 1, 2022.
MD Code, Health - General, § 4-403, MD HEALTH GEN § 4-403
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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