Title 13. Miscellaneous Health Care Programs — Subtitle 12. Maternal Mortality Review Program

In this subtitle the following words have the meanings indicated.

“Data use agreement” means an agreement between the Department and a national, State, or local agency or program that establishes the terms and conditions for the confidential submission, collection, storage, analysis, reporting, aggregation, and dissemination of de–identified data obtained from the Maternal Mortality Review Program.

“Local team” means the multidisciplinary and multiagency maternal mortality review team established for a county.

“Maternal death” means the death of a woman during pregnancy or within 1 year after the woman ceases to be pregnant.

“Maternal mortality review committee” means the maternal mortality review committee of MedChi that is a medical review committee, as defined under § 1–401 of the Health Occupations Article.

“MedChi” means the Maryland State Medical Society.

Maternal deaths are a serious public health concern and have a tremendous family and societal impact;

Maternal deaths are significantly underestimated and inadequately documented, preventing efforts to identify and reduce or eliminate the causes of death;

No processes exist in the State for the confidential identification, investigation, or dissemination of findings regarding maternal deaths; and

There is a need to establish a Maternal Mortality Review Program to review maternal deaths and to develop strategies for the prevention of maternal deaths.

The Secretary may contract with MedChi to administer the Maternal Mortality Review Program.

In consultation with the maternal mortality review committee of MedChi, the Secretary shall develop a system to:

On the approval of the Secretary and with a signed data use agreement, the Department may release de–identified data and findings to the Centers for Disease Control and Prevention, local maternal mortality review teams, and other entities at the discretion of the Secretary.

In accordance with § 4–221 of this article and notwithstanding § 4–224 of this article, the Secretary shall provide the Program with:

On the request of the Secretary, the Program shall be provided access, to the extent allowed by law, to all information and records maintained by a State or local government agency, law enforcement investigative information, medical examiner investigative information, parole and probation information and records, and information and records of a social services agency that provided services to a woman whose death is being reviewed by the Program.

The Maternal Mortality Review Program, in consultation with the Office of Minority Health and Health Disparities, shall make recommendations to reduce any disparities in the maternal mortality rate including recommendations related to social determinants of health.

A health care provider or health care facility, as defined under Title 19, Subtitles 3, 3A, and 3B of this article, shall provide the Maternal Mortality Review Program reasonable access to all relevant medical records associated with a case under review by the Maternal Mortality Review Program.

A health care provider or health care facility, as defined under Title 19, Subtitles 3, 3A, and 3B of this article, shall provide to the local team, on request of the chair, prompt access to all relevant medical records associated with a case under review by the Maternal Mortality Review Program without undue delay.

The provisions of Title 4, Subtitle 3 of this article do not apply to a disclosure made to the Program or to a local team under this subtitle.

Notwithstanding the provisions of Title 4, Subtitle 3 of this article, if a patient of a health care provider or a health care facility dies of a maternal death and the health care provider or the health care facility has knowledge of the circumstances of the death, the health care provider or the health care facility shall report the death to the Maternal Mortality Review Program.

Any health care provider and health care facility report required under this section shall be:

A health care provider or health care facility may not be held liable for civil damages or subject to any criminal or disciplinary action for good faith efforts made to comply with the provisions of this subtitle.

If a local team is established in a county, the local team:

From among its members, each local team shall elect a chair by majority vote.

The purpose of a local team is to prevent maternal deaths by:

To achieve its purpose, a local team shall:

Access to all relevant information and records in accordance with the local team’s data use agreement with the Department; and

Access, to the extent allowed by law, to all information and records maintained by any State or local government agency, law enforcement investigative information, medical examiner investigative information, parole and probation information and records, and information and records of a social services agency that provided services to a woman whose death is being reviewed by the local team.

A meeting of a local team shall be closed to the public and not subject to Title 3 of the General Provisions Article when a local team is discussing individual cases of maternal deaths.

Subject to subsection (c) of this section, a meeting of a local team shall be open to the public and subject to Title 3 of the General Provisions Article when the local team is not discussing individual cases of maternal deaths.

This section does not prohibit a local team from requesting the attendance at a team meeting of an individual who has information relevant to the team’s performance of its purpose and duties.

A violation of this section is a misdemeanor and is punishable by a fine not exceeding $500 or imprisonment not exceeding 90 days or both.

Except as otherwise provided in this section, the proceedings, records, and files of a local team are confidential and privileged, and are not discoverable or admissible as evidence in any civil or criminal proceeding.

Statistical compilations of data that do not contain any information that would cause the identification of any person to be ascertained are public records.

Reports of a local team that do not contain any information that would cause the identification of any person to be ascertained are public information.

A member of a team and an individual attending a team meeting may not disclose what transpired at a meeting that is not public under § 13–1210 of this subtitle or any information the disclosure of which is prohibited by this section.

On or before December 1 of each year, the Secretary shall submit a report on findings, recommendations, and Program actions to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly.

The Secretary shall include in the report required under subsection (a) of this section:

Of the two meetings required under subsection (a) of this section: