Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 1
Subtitle 01 - PROCEDURES
Chapter 10.01.16 - Retention and Disposal of Medical Records and Protected Health Information
Section 10.01.16.05 - Disposal of Medical Records
Universal Citation: MD Code Reg 10.01.16.05
Current through Register Vol. 51, No. 19, September 20, 2024
A. A health care provider shall maintain a medical record in accordance with the records retention schedule and may dispose of the record when the minimum retention requirements as described in Regulation .04B of this chapter have been met.
B. For purposes of destruction, a medical record is an indivisible entity unless, in the health care provider's professional judgment, the medical record is divisible.
C. A health care provider shall ensure confidentiality of medical records throughout the disposal process:
(1) For paper records, by
incineration, shredding, pulping, or other comparable process which renders the
records permanently unreadable;
(2)
For electronic or magnetic media, such as computer disks or magnetic tapes, by
completely sanitizing the media, and not just by erasure or deletion;
(3) For other media, such as film, photos, or
compact discs, by destroying the media with no possibility of recovery;
and
(4) By complying with the HIPAA
security provisions at 45
CFR § 164.310(d), as
amended.
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