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10.01.16.00.htm 10.01.16.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 01 PROCEDURES Chapter 16 Retention and Disposal of Medical Records and Protected Health Information Authority: Health-General Article, §4-403, Annotated Code of Maryland;
10.01.16.01.htm 10.01.16.01. 01 Scope.. A. This chapter applies to medical records and protected health information held by health care providers practicing in Maryland, their agents, and their records management service.B. This chapter does not supersede any federal or State laws or regulations that exceed this chapter's requirements by requiring that a medical record:1) Be retained for a longer period of time;. 2) Be afforded greater security measures;. 3) Be afforded more privacy measures; and.
10.01.16.02.htm 10.01.16.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Divisible" means a medical record that is amenable to separation or division after the expiration of the retention time stated in Regulation .04 of this chapter.2) Health Care Provider.. a) "Health care provider" means an acupuncturist, audiologist, chiropractor, dietician, dentist, electrologist, massage therapist, mortician, nurse, nutritionist, occupational
10.01.16.03.htm 10.01.16.03. 03 Incorporation by Reference.. In this chapter, the following documents are incorporated by reference:. A. 45 CFR Part 160, as amended; and. B. 45 CFR Part 164, as amended..
10.01.16.04.htm 10.01.16.04. 04 Maintenance of Medical Records.. A. A health care provider shall develop and maintain a records retention schedule compatible with the requirements of Regulations .04―07 of this chapter.B. Except as provided in Regulations .06 and .07 of this chapter, a health care provider shall maintain medical records for all patients in the health care provider's care for a minimum of 5 years after the medical record is made or until the patient is 21 years old, whichever is longer.
10.01.16.05.htm 10.01.16.05. 05 Disposal of Medical Records.. A. A health care provider shall maintain a medical record in accordance with the records retention schedule and may dispose of the record when the minimum retention requirements as described in Regulation .04B of this chapter have been met.B. For purposes of destruction, a medical record is an indivisible entity unless, in the health care provider's professional judgment, the medical record is divisible.C. A health care provider
10.01.16.06.htm 10.01.16.06. 06 Instructions for Handling Medical Records Upon Discontinuation of Medical Practice.. A. At the time a health care provider discontinues medical practice, the health care provider shall immediately secure the medical records until one of the following options are taken:1) Medical records may be transferred to a health care provider who will be assuming the medical practice;2) Medical records may be given to the patient;. 3) At the patient's direction, the medical record
10.01.16.07.htm 10.01.16.07. 07 Prerequisites for Early Destruction of Medical Records.. Medical records that have not met the retention requirements of Regulation .04 of this chapter, may be destroyed only if:A. In the case of an adult, notification is sent by first-class mail to the last known address of the patient which includes:1) The proposed date of disposal; and. 2) A statement that the record, or a synopsis of the record, may be retrieved at a designated location within 30 days of the
10.01.16.08.htm 10.01.16.08. 08 Enforcement.. A. For entities and individuals not regulated by the Office of Health Care Quality or the appropriate health occupations board, the Secretary shall have the authority to investigate any complaint concerning medical records that are covered by this chapter. By letter, the Secretary may delegate this authority to any unit of the Department, including a health occupations board, the Office of Health Care Quality, or the Office of the Inspector General.
10.01.16.09.htm 10.01.16.09. 09 Penalties.. A. Damages. As provided in Health-General Article, §4-403(g)1) Annotated Code of Maryland, a health care provider, record management service, or other person who knowingly violates any provision of Health-General Article, Title 4, Subtitle 4, is liable in court for actual damages.B. Fines.. 1) A health care facility that knowingly violates this chapter is subject to an administrative fine not to exceed $10,000 for all violations cited in 2) In addition to any oth
10.01.16.9999.htm 10.01.16.9999. Administrative History Effective date: March 24, 2008 (35:6 Md. R. 697).
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