§
10-104. Medical, dental, or hospital
record
(a)(1) In this section the following terms have
the meanings indicated.
(2) "Health care provider" means:
(i) A health care provider, as defined in §
3-2A-01 of this article;
(ii) An ambulatory surgical facility;
(iii) An inpatient facility that is organized
primarily in the rehabilitation of disabled
persons, through an integrated program of
medical and other service provided under
competent professional supervision;
(iv) A home health agency, as defined in §
19-401 of the Health-General Article;
(v) Any health institution, service, or program
for which a certificate of need is required
under Title 19 of the Health-General Article; or
(vi) A person who is:
1. Substantially similar to a health care
provider described in items (i) through (v) of
this paragraph; and
2. Regulated by another state to provide health
care services.
(3) "State" means a state of the United States
or the District of Columbia.
(b)(1) The provisions of this section apply only to
a claim for:
(i) Damages for personal injury;
(ii) Medical, hospital, or disability benefits
under §§ 19-505 and 19-506 of the Insurance
Article;
(iii) First party motor vehicle benefits under
§§ 19-509 and 19-510 of the Insurance Article;
and
(iv) First party health insurance benefits.
(2) This section does not apply to an action for
damages filed under Title 3, Subtitle 2A of this
article.
(3) Subject to the provisions of paragraphs (1)
and (2) of this subsection, the provisions of
this section apply to a proceeding in:
(i) The District Court; or
(ii) A circuit court if the amount in
controversy in the action in the circuit court
does not exceed the amount specified in § 4-401
of this article for that type of action.
(c)(1) A writing or record of a health care provider
described in this section is admissible under this
section if:
(i) The writing or record is offered in the
trial of a civil action in the District Court or
a circuit court;
(ii) At least 60 days, except as provided in
paragraph (2) of this subsection, before the
beginning of the trial, the party who intends to
introduce the writing or record:
1. Serves notice of the party's intent to
introduce the writing or record without the
support of a health care provider's testimony, a
list that identifies each writing or record, and
a copy of the writing or record on all other
parties as provided under Maryland Rule 1-321;
and
2. Files notice of service and the list that
identifies each writing or record with the
court; and
(iii) The writing or record is otherwise
admissible.
(2) A party who receives a notice under
paragraph (1) of this subsection and intends to
introduce another writing or record of a health
care provider without a health care provider's
testimony shall:
(i) Serve a notice of intent, a list that
identifies each writing or record, and a copy of
the writing or record at least 30 days before
the beginning of the trial; and
(ii) File notice of service and the list that
identifies each writing or record with the
court.
(3) The list required under paragraphs (1) and
(2) of this subsection shall include:
(i) The name of the health care provider for
each writing or record; and
(ii) The date of each writing or record of the
health care provider or each date of treatment
by the health care provider.
(d)(1) A writing or record of a health care provider
made to document a medical, dental, or other health
condition, a health care provider's opinion, or the
providing of health care is admissible without the
support of the testimony of a health care provider
as the maker or the custodian of the writing or
record as evidence of the existence of a medical,
dental, or health condition, the opinion, and the
necessity and the providing of health care.
(2) A finder of fact may attach whatever weight
to a writing or record that the finder of fact
deems appropriate.
(e)(1) A written statement or bill for health care
expenses is admissible without the support of the
testimony of a health care provider as the maker or
the custodian of the statement or bill as evidence
of the amount, fairness, and reasonableness of the
charges for the services or materials provided.
(2) A finder of fact may attach whatever weight
to a writing or record that the finder of fact
deems appropriate.
(f) Nothing contained in this section may be
construed to limit the right of a party to:
(1) Request a summons to compel the attendance
of a witness;
(2) Examine a witness who appears at trial; or
(3) Engage in discovery as provided under the
Maryland Rules.
