§ 18-215. Penalties for failure to file reports or making unauthorized use of reports of confidential information

   (a) Occupational diseases. -- In addition to any other penalty provided by law, a physician who fails to submit the report required under § 18-204 of this subtitle, on conviction, is subject to a fine not exceeding $ 10.

(b) Institutions. -- A person who violates any provision of § 18-202 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 50.

(c) Physicians. -- In addition to any other penalty provided by law, a physician who fails to submit the report required under § 18-201 of this subtitle, on conviction, is subject to a fine not exceeding $ 100.

(d) Laboratory examinations. -- A person who violates any provision of § 18-205 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 500.

(e) Disclosure of HIV and AIDS reports. -- A health care provider or any other person, including an officer or employee of a governmental unit, who knowingly and willfully discloses personal identifying health information acquired for the purposes of HIV and AIDS reporting under § 18-201.1, § 18-202.1, § 18-205, or § 18-207 of this subtitle to any person who is not authorized to receive personal identifying health information under this subtitle or otherwise in violation 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.

(f) Obtaining information regarding HIV and AIDS reports under false pretenses; exception. --

   (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 information on HIV and AIDS developed under § 18-201.1, § 18-202.1, § 18-205, or § 18-207 of this subtitle under false pretenses or through deception, on conviction is subject to:

      (i) A fine not exceeding $ 100,000, imprisonment for not more than 5 years, or both; and

      (ii) 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.

(g) Liability for damages for violations of (e) or (f). -- A health care provider or any other person who knowingly violates subsection (e) or (f) of this section is liable for actual damages.

(h) Immunity for good faith reports. -- A physician, laboratory, or institution as defined in § 18-202.1 of this subtitle that in good faith submits a report or otherwise discloses information in accordance with this subtitle is not liable in any action arising from the disclosure of the information.

HISTORY: An. Code 1957, art. 43, § 11, 31A, 78, 101; 1982, ch. 21, § 2; 2007, chs. 212, 213; 2008, ch. 36.