Maryland Medical Record Laws

August 2016 Maryland Attorney General opinion on a health care provider giving information to the parents or custodian of a person over the age of 18 who is having a mental health crisis.

Please consult the following resources:

Maryland Health Care Commission’s HIPAA Resources, including:

  • State vs. Federal Comparison
  • Security Guidance
  • Accounting of Disclosures

Maryland Medical Records Act–Duty to Hold Confidential and Duty to Disclose a Medical Record, including:

  • Confidentiality
  • Disclosure of mental health records
  • Copies of records

To look up the medical records statue, click here and select Health-General from the Article dropdown box; then select the Section number from the list below. Or copy and paste the section number from the list into the Search Statutes box.

SUBTITLE 3. CONFIDENTIALITY OF MEDICAL RECORDS

  • 4-301. Definitions
  • 4-302. Confidentiality and disclosure generally
  • 4-302.1. Medical care electronic claims clearinghouses
  • 4-302.2. Health information exchanges — Regulations
  • 4-302.3. Health information exchanges — State designated exchange
  • 4-302.4. New cause of action not created
  • 4-303. Disclosure upon authorization of a person in interest
  • 4-304. Copies of records; changes in records
  • 4-305. Disclosures without authorization of person in interest — In general
  • 4-306. Disclosures without authorization of person in interest — Investigations
  • 4-307. Disclosure of mental health records
  • 4-308. Liability for good faith actions
  • 4-309. Refusal to disclose records; violations of subtitle; penalties

Maryland law (Health General Sec. 4-304) allows physicians to charge patients (or the patient’s “personal representative”) a fee for copying medical records, to be adjusted annually for inflation.  The fees were revised on December 18, 2013.

Some helpful FAQs related to medical records are posted on the MedChi website.