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HB0812 amends Maryland Health–General law governing nursing homes that contract with or use an electronic health network or electronic medical record vendor. The bill authorizes a nursing home to direct the network or vendor to release patient medical records or electronic health care transactions to a business associate of the nursing home. It also requires the release to be provided in an electronic format consistent with federal health IT specifications or the State-designated health information exchange, to be made available regularly and in a timely manner, and prohibits the network or vendor from restricting, limiting, or charging a fee for the release.
The bill adds enforcement mechanisms to the existing law. It expressly authorizes the Office of the Attorney General to enforce the section and allows any person, including a person identified as a business associate, to bring a civil action for damages, injunctive relief, and attorney’s fees against a violator. The private right of action applies whether the person interacted directly or indirectly with the violator. The bill is set to take effect October 1, 2025.
HB0812 would expand the enforceability of Maryland’s nursing home electronic records access rules by adding both public enforcement by the Attorney General and private civil remedies. It affects nursing homes, electronic health networks, electronic medical record vendors, business associates, and potentially other entities involved in the handling and transfer of patient records and electronic health care transactions. The bill also reinforces standards for electronic formatting, timeliness, and fee-free release of records, thereby strengthening compliance obligations under Health–General § 4–302.6.
There is limited recorded discussion or voting history available for HB0812, and no committee transcript or vote data is provided. Based on the bill text, the measure appears aimed at improving access to records and strengthening enforcement, which suggests a consumer- and care-oriented policy approach. The bill was ultimately withdrawn by the sponsor, so there is no evidence in the available record of formal floor support or opposition.
The main points of potential contention are the new enforcement tools and compliance burdens. Nursing homes, electronic health network operators, and electronic medical record vendors may be concerned about exposure to lawsuits, attorney’s fees, and Attorney General enforcement, as well as the mandate to provide records promptly and without fees. Supporters would likely emphasize improved continuity of care, transparency, and easier access for business associates involved in patient care and monitoring. Because no committee debate is available, the specific arguments for or against the bill are not documented in the provided record.