Plain Text Law

Chapter 19. Disclosure of Records to State Health Agencies

Regulation .01 Scope.Copy Citation

This chapter does not alter the authority of the Secretary under of the Health Occupations Article, §1-203(a), Annotated Code of Maryland or Health-General Article, §2-106(c), Annotated Code of Maryland.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Board” means the Maryland Board of Physicians.
(2)
“Department” means the Maryland Department of Health.
(3)
“Record” means the proceedings, records, or files of the Board.
(4)
“Secretary” means the Secretary of Health.

Regulation .03 Disclosure of Information to the Department and Agencies Within the Department.Copy Citation

A.
The Board shall disclose information contained in a record to the Secretary upon receipt of a written request from the Secretary stating that the requested information is appropriate and needed for:
(1)
An investigation of quality or utilization of care in an entity regulated by the Office of Health Care Quality;
(2)
An investigation of quality or utilization of care in an entity regulated by the Health Services Cost Review Commission; or
(3)
An investigation regarding the introduction or spread of an infectious or contagious disease or other disease that endangers the public health in the State.
B.
The Board shall disclose information contained in a record to the Office of Health Care Quality upon receipt of a written request from the Director of the Office of Health Care Quality stating that the requested information is appropriate and needed for an investigation of quality or utilization of care in an entity regulated by the Office of Health Care Quality.
C.
The Board shall disclose information contained in a record to the Health Services Cost Review Commission upon receipt of a written request from the Executive Director of the Health Services Cost Review Commission stating that the requested information is appropriate and needed for an investigation of quality or utilization of care in an entity regulated by the Health Services Cost Review Commission.
D.
The Board shall disclose information contained in a record to the Maryland Health Care Commission upon receipt of a written request from the Executive Director of the Maryland Health Care Commission stating that the requested information is appropriate and needed in an investigation of quality or utilization of care in an entity regulated by the Maryland Health Care Commission.

Regulation .04 Requirements Regarding the Transfer of a Record.Copy Citation

A.
The Board shall disclose the information required under this chapter as soon as reasonably possible, but no later than 30 days after a request made under this chapter.
B.
The information disclosed by the Board under this chapter shall be sent on paper by first-class mail or by another delivery method agreed to by the Board and the Secretary or agency requesting the information.

Regulation .05 Confidentiality.Copy Citation

Information disclosed by the Board under this chapter shall remain confidential and may not be redisclosed by the Secretary, the Office of Health Care Quality, the Health Services Cost Review Commission, or the Maryland Health Care Commission unless otherwise permitted by law.
Chapter annotations
Authority: Health-General Article, §18-102; Health Occupations Article, §14-411; Annotated Code of Maryland
History: Effective date: March 3, 2014 (41:4 Md. R. 301)