Records Flashcards
To whom may the Board disclose information contained in its records?
any other health occupations regulatory board of Maryland or another state that requests it in writing
Who may share investigatory files?
the Board, its executive director or administrator, or the Office of the Attorney General may disclose to any licensing, disciplinary, law enforcement, prosecutorial, or judicial authority
How are assessment results and interpretations treated as regards confidentiality?
they are treated as confidential information
How is subordinates’ access to confidential patient information managed?
it is limited to information needed to perform their duties and not beyond
What constitutes a disclosure authorization?
- written, dated, and signed by person in interest
- includes name of health care provider
- identifies to whom information is to be disclosed
- states duration of validity of authorization, not to exceed 1 year, except
- criminal cases 30 days
- nursing homes indefinite
What constitutes a revocation of authorization?
- written
- except in criminal justice referral cases
- effective on date of receipt by health care provider
- does not effect disclosures made before that time
What information about a disclosure authorization goes into a patient’s record?
- the authorization
- any action taken in response to above
- any revocation
Under what circumstance may a mental health provider refuse to disclose a portion of a patient’s record?
- if a primary mental health provider believes disclosure of the portion to be injurious to the health of the patient or recipient
What is the procedure if a mental health provider refuses to provide a portion of a patient’s record to an authorized person?
- on written request, the provider makes a summary the undisclosed portion of the record and provides that, inserting a copy of the summary into the patient’s record
- the provider allows an authorized, qualified, health care provider to examine and copy the record
- informs the requestor of the patient’s right to select another health care provider
Are persons in interest allowed to change a medical record?
Yes, additions and corrections are permitted. Deletions are not permitted.
Can a provider refuse to change a record when a change has been requested by a person in interest?
Yes, if done in writing and within a reasonable time.
What are the procedures for a provider refusing to change a record?
- a notice of refusal must contain each reason for refusal and procedures (if any) for review of refusal
- the person of interest may insert into the record a statement of disagreement with the record
- the provider may insert into the record a statement of the reasons for refusal
Who gets notified of changes (or disagreements of change) to a record?
- persons designated to receive such by a person of interest
- persons to whom the provider has given (what is now) an inaccurate record in the previous 6 months
- any authorized person requesting a relevant portion of the record after the correction (or disagreement of change) has been made
What charges may be made for copying records?
- not more than $0.50 for each page of record
- a preparation fee of not more than $15
- actual cost of postage and handling
Above prices are subject to annual adjustment for inflation after 7/1/95
What are the exceptions to charging for copying records?
- government units may not be charged
- those receiving a record for which they were not charged may not charge for those records
