§ 4-309. Refusal to disclose records; violations of subtitle; penalties


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  •    (a) Refusal to disclose records. -- 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.

    (b) Refusal to disclose because payment is owed. -- 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.

    (c) Violations of subtitle. -- 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.

    (d) Criminal penalties. -- 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.

    (e) Fraudulent obtaining of records; wrongful disclosure of records. --

       (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.

    (f) Civil penalties. -- A health care provider or any other person who knowingly violates any provision of this subtitle is liable for actual damages.


HISTORY: 1990, ch. 480, § 2; 1994, ch. 585; 1997, ch. 580.