MD. Health - General Code Ann. §  4-306 (2021)
2021 Maryland Statutes|Health - General|Title 4 - Statistics and Records|Subtitle 3 - Confidentiality of Medical Records|Section 4-306 - Disclosures Without Authorization of Person in Interest -- Investigations

    (a)    In this section, “compulsory process” includes a subpoena, summons, warrant, or court order that appears on its face to have been issued on lawful authority.    (b)    A health care provider shall disclose a medical record without the authorization of a person in interest:        (1)    To a unit of State or local government, or to a member of a multidisciplinary team assisting the unit, for purposes of investigation or treatment in a case of suspected abuse or neglect of a child or an adult, subject to the following conditions:            (i)    The health care provider shall disclose only the medical record of a person who is being assessed in an investigation or to whom services are being provided in accordance with Title 5, Subtitle 7 or Title 14, Subtitle 3 of the Family Law Article;            (ii)    The health care provider shall disclose only the information in the medical record that will, in the professional judgment of the provider, contribute to the:                1.    Assessment of risk;                2.    Development of a service plan;                3.    Implementation of a safety plan; or                4.    Investigation of the suspected case of abuse or neglect; and            (iii)    The medical record may be redisclosed as provided in §§ 1–201, 1–202, 1–204, and 1–205 of the Human Services Article;        (2)    Subject to the additional limitations for a medical record developed primarily in connection with the provision of mental health services in § 4–307 of this subtitle, to health professional licensing and disciplinary boards, in accordance with a subpoena for medical records for the sole purpose of an investigation regarding:            (i)    Licensure, certification, or discipline of a health professional; or            (ii)    The improper practice of a health profession;        (3)    To a health care provider or the provider’s insurer or legal counsel, all information in a medical record relating to a patient or recipient’s health, health care, or treatment which forms the basis for the issues of a claim in a civil action initiated by the patient, recipient, or person in interest;        (4)    Notwithstanding any privilege in law, as needed, to a medical review committee as defined in § 1–401 of the Health Occupations Article or a dental review committee as defined in § 4–501 of the Health Occupations Article;        (5)    To another health care provider as provided in § 10–807 or § 19–308.2 of this article;        (6)    Subject to the additional limitations for a medical record developed primarily in connection with the provision of mental health services in § 4–307 of this subtitle and except as otherwise provided in items (2), (7), and (8) of this subsection, in accordance with compulsory process, if the health care provider receives:            (i)    1.    A written assurance from the party or the attorney representing the party seeking the medical records that:                A.    In a Child in Need of Assistance proceeding pursuant to Title 3, Subtitle 8 of the Courts and Judicial Proceedings Article, a person in interest has not objected to the disclosure of the designated medical records and 15 days have elapsed since the notice was sent;                B.    In all other proceedings, a person in interest has not objected to the disclosure of the designated medical records within 30 days after the notice was sent; or                C.    The objections of a person in interest have been resolved and the request for disclosure is in accordance with the resolution;                2.    Proof that service of the subpoena, summons, warrant, or court order has been waived by the court for good cause; or                3.    A copy of an order entered by a court expressly authorizing disclosure of the designated medical records; and            (ii)    For disclosures made under item (i)1A of this item, copies of the following items that were mailed by certified mail to the person in interest by the person requesting the disclosure at least 15 days before the records are to be disclosed:                1.    The subpoena, summons, warrant, or court order seeking the disclosure or production of the records;                2.    This section; and                3.    A notice in the following form or a substantially similar form: