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§ 5-1005. State teams’ access to information and records

West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2022

West's Annotated Code of Maryland
Health--General
Title 5. Death (Refs & Annos)
Subtitle 10. Maryland Suicide Fatality Review Committee (Refs & Annos)
Effective: October 1, 2022
MD Code, Health - General, § 5-1005
§ 5-1005. State teams’ access to information and records
State team as public health authority
(a) The State team is a public health authority, as defined in 45 C.F.R. § 164.501, conducting public health activities in accordance with the federal Health Insurance Portability and Accountability Act.
Access to information and records
(b) On request of the chair of the State team and as necessary to carry out the State team's purpose and duties, a health care provider or a State or local government agency immediately shall provide to the State team any records of the health care provider or State or local government agency necessary to complete the review of a specific fatality, including:
(1) Hospital records;
(2) Outpatient clinic, health care provider, and laboratory records;
(3) Police investigation data;
(4) Medical examiner investigative data;
(5) Cause-of-death information in vital records;
(6) Social services records; and
(7) Other records from State offices, agencies, and departments.
Requesting information from person with direct knowledge of circumstances surrounding fatality
(c) The State team may request that a person with direct knowledge of circumstances surrounding a fatality provide the State team with information necessary to complete the review of the particular fatality, including information from:
(1) A health care provider or staff involved in the care of the decedent; and
(2) The person who first responded to a report concerning the decedent.
Sharing information with other public authorities; coordination with State's Child Fatality Review and Drug Overdose Fatality Review teams
(d) The State team:
(1) May share information with other public health authorities or their designees as the State team determines necessary to carry out the purposes of this subtitle; and
(2) Shall coordinate with the State's Child Fatality Review and Drug Overdose Fatality Review teams to share and receive information relevant to the State team's findings and to ensure efficiency in the work of the teams.
Confidentiality of information and records
(e)(1) Except as provided in paragraph (2) of this subsection, all information and records acquired by the State team in the exercise of its duties:
(i) Shall be confidential;
(ii) Shall be exempt from disclosure under the Public Information Act; and
(iii) May not be subject to discovery or introduction into evidence in any proceedings.
(2) Information may be disclosed as necessary and in a manner consistent with this subtitle to carry out the purposes of this subtitle.
Additional limitations on disclosure of mental health records
(f) Mental health records are subject to the additional limitations under § 4-307 of this article for disclosure of a medical record developed primarily in connection with the provision of mental health services.

Credits

Added by Acts 2022, c. 80, § 1, eff. Oct. 1, 2022; Acts 2022, c. 81, § 1, eff. Oct. 1, 2022.
MD Code, Health - General, § 5-1005, MD HEALTH GEN § 5-1005
Current through legislation effective through June 1, 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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