§ 4-302. Confidentiality and disclosure generally

   (a) In general. -- A health care provider shall:

   (1) Keep the medical record of a patient or recipient confidential; and

   (2) Disclose the medical record only:

      (i) As provided by this subtitle; or

      (ii) As otherwise provided by law.

(b) Applicability of subtitle. -- The provisions of this subtitle do not apply to information:

   (1) Not kept in the medical record of a patient or recipient that is related to the administration of a health care facility, including:

      (i) Risk management;

      (ii) Quality assurance; and

      (iii) Any activities of a medical or dental review committee that are confidential under the provisions of Title 4, Subtitle 5 and Title 14, Subtitle 5 of the Health Occupations Article and any activities of a pharmacy review committee;

   (2) Governed by the federal confidentiality of alcohol and drug abuse patient records regulations, 42 C.F.R. Part 2 and the provisions of § 8-601(c) of this article; or

   (3) Governed by the developmental disability confidentiality provisions in § 7-1008 through 7-1011 of this article.

(c) Directory information. -- A health care provider may disclose directory information about a patient without the authorization of a person in interest, except if the patient has instructed the health care provider in writing not to disclose directory information.

(d) Redisclosure. -- A person to whom a medical record is disclosed may not redisclose the medical record to any other person unless the redisclosure is:

   (1) Authorized by the person in interest;

   (2) Otherwise permitted by this subtitle;

   (3) Permitted under § 1-202(b) or (c) of the Human Services Article; or

   (4) Directory information.

(e) Transfer of records relating to transfer of ownership of health care practice or facility. --

   (1) Except as provided in paragraph (2) of this subsection, a person may not disclose by sale, rental, or barter any medical record.

   (2) This subsection shall not prohibit the transfers of medical records relating to the transfer of ownership of a health care practice or facility if the transfer is in accord with the ethical guidelines of the applicable health care profession or professions.

(f) Construction of subtitle. -- The provisions of this subtitle may not be construed to constitute an exception to the reporting requirements of Title 5, Subtitle 7 and Title 14, Subtitle 3 of the Family Law Article.

HISTORY: 1990, ch. 480, § 2; 1992, ch. 22, § 1; 1993, ch. 83; 1994, ch. 3, § 1; ch. 554; 2000, ch. 270, § 1, 2; 2001, ch. 28, § 1; 2007, ch. 8, § 1; 2008, ch. 36, § 6.