ACCESS TO MEDICAL RECORDS
There are two Maryland laws (Health General Article 4-306, and the Family Law Article 5-711) pertaining to the disclosure of medical records, including mental health records to local departments of social services. (Health General Article, 4-306 went in effect July 1, 1991. The Family Law Article 5-711 went in effect July 1, 1987).
Health General Article 4-306
Mandates that health care providers disclose information from medical records, concerning any person (child or adult) who is being assessed as part of a protective services investigation or to whom services are being provided. Information is to be shared upon request to a local department of social services representative providing protective services. This law governs all medical records including mental health records.
This includes making available copies of medical records that the health care provider assesses to be relevant to the child protective services investigation or provisions of services. This provision also allows for the sharing of information without authorization from the person on whom information is being disclosed.
Family Law Article 5-711
This law mandates that medical care providers make copies available of a child’s medical record upon request by social services personnel conducting investigations or providing services to a child as a result of a child abuse or neglect report.
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