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<section article="ghg" article_name="Health - General" number="4-309" title_number="4" title_name="Statistics and Records" subtitle_number="3" subtitle_name="Confidentiality of Medical Records">
  <level label="a">
    <text>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.</text>
  </level>
  <level label="b">
    <text>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.</text>
  </level>
  <level label="c">
    <text>A health care provider or any other person is in violation of this subtitle if the health care provider or any other person:</text>
    <level label="1">
      <text>Requests or obtains a medical record under false pretenses or through deception; or</text>
    </level>
    <level label="2">
      <text>Discloses a medical record in violation of this subtitle.</text>
    </level>
  </level>
  <level label="d">
    <text>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.</text>
  </level>
  <level label="e">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>A fine not exceeding $50,000, imprisonment for not more than 1 year, or both;</text>
      </level>
      <level label="ii">
        <text>If the offense is committed under false pretenses, a fine not exceeding $100,000, imprisonment for not more than 5 years, or both; and</text>
      </level>
      <level label="iii">
        <text>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.</text>
      </level>
    </level>
    <level label="2">
      <text>This subsection does not apply to an officer or employee of a governmental unit that is conducting a criminal investigation.</text>
    </level>
  </level>
  <level label="f">
    <text>A health care provider or any other person who knowingly violates any provision of this subtitle is liable for actual damages.</text>
  </level>
</section>
