Maryland nursing homes must submit their policies and procedures for resident access to and requests for medical records to the Maryland Department of Health and Mental Hygiene's Office of Health Care Quality (OHCQ) by February 2, 2015. The requirement was set forth in a December 23, 2014 OHCQ transmittal [PDF] describing OHCQ's interpretation of applicable Maryland and federal law on medical records disclosures to nursing home residents and their responsible parties.

Since then, our firm has been in touch with OHCQ to better understand the basis for the agency’s interpretation of the cited laws and to discuss additional questions. We are discussing the policies of facilities where requested by clients. This not only relates to the specific issues addressed in the OHCQ transmittal, but other important aspects of medical record disclosures and related issues of approval and cost, when involving situations other than disclosures to residents. For example, this can includes situations when records are requested or a subpoena is issued in private litigation or a government investigation.

Also, Donna J. Senft and Emily H. Wein of our firm have been asked by the Health Facilities Association of Maryland to present a webinar on this topic on January 20, 2015. Guidelines will be provided as part of this program.