Md. Code Regs. 13A.11.06.10

Current through Register Vol. 51, No. 22, November 1, 2024
Section 13A.11.06.10 - Notice to Accompany Disclosure

The Division shall attach the following statement to each disclosure made with the eligible individual's written consent: This information has been disclosed to you from records whose confidentiality is protected by federal and State law (see COMAR 13A.11.06). Federal regulations prohibit you from making any further disclosure of it without the specific written consent of the person to whom it pertains or as otherwise permitted by such regulations. A general authorization for the release of information is NOT sufficient for this purpose. Medical, psychological, or other information which may be harmful to the individual may not be disclosed directly to the individual but must be provided to a third party chosen by the individual unless a representative has been appointed by a court to represent the individual, in which case the information must be released to the court-appointed representative. Information about individuals who are minors, i.e., under 18 years old, which relates to or reveals substance abuse diagnosis or treatment may not be released to the individual's representative, including a parent or guardian, without the explicit written consent of the individual, in accordance with federal alcohol and drug abuse confidentiality regulations, 42 CFR 2 . The information should be managed in a manner to protect confidentiality and to protect against unauthorized disclosure. Any person who willfully and knowingly discloses or uses confidential information in violation of the law may be liable to the individual for actual and punitive damages, attorneys' fees, and litigation costs, and may also be subject to criminal penalties (see State Government Article, §§10-626 and 19-627, Annotated Code of Maryland).

Md. Code Regs. 13A.11.06.10

Regulation .10C amended effective November 30, 2009 (36:24 Md. R. 1859)