Md. Code Regs. 10.18.05.08

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Current through Register Vol. 52, No. 1, January 10, 2025

Section 10.18.05.08 - Confidentiality

Unless otherwise authorized by law, the Department:

A. Shall keep all applicant and recipient personal information confidential;

B. May not disclose personal information kept on an applicant or recipient without written consent of the:

(1) Applicant;

(2) Recipient;

(3) Applicant's parent or legal guardian; or

(4) Recipient's parent or legal guardian;

C. Shall comply with the laws and regulations concerning the privacy and security of protected health information under:

(1) Health-General Article, Title 4, Subtitle 3, Annotated Code of Maryland; and

(2) The Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. §§ 1320d et seq., as amended, the HITECH Act, 42 U.S.C. §§ 17932, et seq., as amended, and 45 CFR Parts 160 and 164, as amended, and their implementing regulations; and

D. Shall ensure that all interactive video technology-assisted communication comply with HIPAA patient privacy and security regulations.

Md. Code Regs. 10.18.05.08

Regulations .08 adopted as an emergency provision effective November 27, 2002 (29:25 Md. R. 1979); adopted permanently effective February 17, 2003 (30:3 Md. R. 180)
Regulation .08A amended as an emergency provision effective January 1, 2014 (41:4 Md. R. 298); amended permanently effective May 26, 2014 (41:10 Md. R. 561)
Regulation .08 amended effective 42:5 Md. R. 486, eff.3/16/2015; recodified from .14 effective 43:6 Md. R. 408, eff.3/28/2016