Section 18-202.1 - Duties of institutions to report HIV-positive patients. - Maryland Statutes

§ 18-202.1. Duties of institutions to report HIV-positive patients.
 

(a)  "Institution" defined.- In this section, "institution" includes: 

(1) A hospital; 

(2) A nursing home; 

(3) A hospice facility; 

(4) A medical clinic in a correctional facility; 

(5) An inpatient psychiatric facility; and 

(6) An inpatient drug rehabilitation facility. 

(b)  In general.- When an institution has an individual in the care of the institution with a diagnosis of human immunodeficiency virus or acquired immunodeficiency syndrome according to the current definition published in the morbidity and mortality weekly report by the Centers for Disease Control and Prevention, a clinical or infection control practitioner shall submit a report within 48 hours to the health officer for the county where the institution is located. 

(c)  Contents.- The report shall: 

(1) Be on the form that the Secretary provides; 

(2) Identify the disease; 

(3) State the name, age, race, sex, and residence address of the individual with the disease; 

(4) State the name of the administrative head of the institution; and 

(5) State the address of the institution. 

(d)  Status of reports; not discoverable or admissible; confidentiality.-  

(1) All institution reports required under this section are: 

(i) Confidential and subject to Title 4, Subtitle 1 of this article; and 

(ii) Not medical records under Title 4, Subtitle 3 of this article, but are subject to the confidentiality requirements of Title 4, Subtitle 1 of this article. 

(2) The reports and any proceedings, records, or files relating to the reports required under this section are not discoverable and are not admissible in evidence in any civil action. 

(3) This subsection does not apply to a disclosure by the Secretary to another governmental agency performing its lawful duties in accordance with State or federal law where the Secretary determines the agency to whom the information is disclosed will maintain the confidentiality of the disclosure. 
 

[2007, chs. 212, 213.]