Maryland § 4-302.6

§ 4-302.6.

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Business associate” has the meaning stated in 45 C.F.R. § 160.103.

        (3)    “Electronic health care transactions” has the meaning stated in § 4–302.3 of this subtitle.

        (4)    “Electronic health network” has the meaning stated in § 4–302.3 of this subtitle.

        (5)    “Nursing home” has the meaning stated in § 19–1401 of this article.

    (b)    (1)    If a nursing home contracts with or uses an electronic health network or electronic medical record vendor, the nursing home may direct the electronic health network or electronic medical record vendor to release patient medical records or electronic health care transactions held by the electronic health network or electronic medical record vendor to a business associate of the nursing home.

        (2)    An electronic health network or electronic medical record vendor releasing patient medical records or electronic health care transactions under paragraph (1) of this subsection:

            (i)    Shall release the patient medical records or electronic health care transactions in an electronic format that conforms to the specifications of the Office of the National Coordinator for Health Information Technology or another form required by the State–designated health information exchange;

            (ii)    Shall make the patient medical records or electronic health care transactions available on a regular basis and release the information in a timely manner to support patient care and monitoring; and

            (iii)    May not restrict, limit, or charge a fee for the release of the patient medical records or electronic health care transactions.