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Retention, destruction of medical records under the statistics and records law - MD. CODE ANN., HEALTH-GEN. § 4-403

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Health care providers must retain medical records for 5 years after the record is made, unless the patient is notified by first-class mail of when the record will be destroyed, and provided with a synopsis of the record and a 30-day opportunity to retrieve the record. If the patient is a minor, the provider must keep the record for three years after the patient turns 18, or for 5 years after the record is made, whichever is longer, unless the parent or guardian is notified in accordance with the terms described above, or the minor patient is notified under certain circumstances.
Under this statute, the term “health care provider” includes:
·         Acupuncturists;
·         Audiologists;
·         Chiropractors;
·         Dietitians;
·         Dentists;
·         Electrologists;
·         Health care facilities that are: freestanding ambulatory care facility; freestanding medical facility; health care facility; health maintenance organization; hospital; limited service hospital; related institution; and residential treatment center;
·         Massage therapists;
·         Morticians;
·         Nurses;
·         Nutritionists;
·         Occupational therapists;
·         Optometrists;
·         Physical therapists;
·         Physicians;
·         Podiatrists;
·         Professional counselors;
·         Psychologists;
·         Social workers; and
·         Speech-language pathologists.
The Secretary, after consulting interested parties, shall adopt regulations governing the destruction of medical records, specifically to ensure confidentiality, and provide appropriate access to the records until they are destroyed.
A provide that knowingly violates this subtitle is liable for actual damages.

Current as of January 2016