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§ 4-309. Violations of Subtitle

West's Annotated Code of MarylandHealth--General

West's Annotated Code of Maryland
Health--General
Title 4. Statistics and Records (Refs & Annos)
Subtitle 3. Confidentiality of Medical Records (Refs & Annos)
MD Code, Health - General, § 4-309
§ 4-309. Violations of Subtitle
Currentness
In general
(a) If a health care provider knowingly refuses to disclose a medical record within a reasonable time but no more than 21 working days after the date a person in interest requests the disclosure, the health care provider is liable for actual damages.
Failure to pay
(b) A health care provider may not refuse to disclose a medical record on the request of a person in interest because of the failure of the person in interest to pay for health care rendered by the health care provider.
Disclosure violations
(c) A health care provider or any other person is in violation of this subtitle if the health care provider or any other person:
(1) Requests or obtains a medical record under false pretenses or through deception; or
(2) Discloses a medical record in violation of this subtitle.
Willful violations
(d) Except as otherwise provided in subsection (e) of this section, a health care provider or any other person, including an officer or employee of a governmental unit, who knowingly and willfully violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for the first offense and not exceeding $5,000 for each subsequent conviction for a violation of any provision of this subtitle.
Obtaining medical record under deception
(e)(1) A health care provider or any other person, including an officer or employee of a governmental unit, who knowingly and willfully requests or obtains a medical record under false pretenses or through deception or knowingly and willfully discloses a medical record in violation of this subtitle is guilty of a misdemeanor and on conviction is subject to the following penalties:
(i) A fine not exceeding $50,000, imprisonment for not more than 1 year, or both;
(ii) If the offense is committed under false pretenses, a fine not exceeding $100,000, imprisonment for not more than 5 years, or both; and
(iii) If the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, a fine not exceeding $250,000, imprisonment for not more than 10 years, or both.
(2) This subsection does not apply to an officer or employee of a governmental unit that is conducting a criminal investigation.
Liability for damages
(f) A health care provider or any other person who knowingly violates any provision of this subtitle is liable for actual damages.

Credits

Added by Acts 1990, c. 480, § 2, eff. July 1, 1991. Amended by Acts 1994, c. 585, § 1, eff. Oct. 1, 1994; Acts 1997, c. 580, § 1, eff. Oct. 1, 1997.
MD Code, Health - General, § 4-309, MD HEALTH GEN § 4-309
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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