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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0489*
HOUSE BILL 489
J1, J3 6lr2260
By: Delegate Kerr
Introduced and read first time: January 27, 2026
Assigned to: Health
A BILL ENTITLED
AN ACT concerning 1
Electronic Health Networks and Electronic Medical Record Vendors of Nursing 2
Homes – Release of Records – Fees 3
FOR the purpose of repealing a provision of law prohibiting an electronic health network 4
or electronic medical record vendor from charging a fee for the release of certain 5
patient records or transactions; and generally relating to electronic health networks 6
and electronic medical record vendors of nursing homes. 7
BY repealing and reenacting, with amendments, 8
Article – Health – General 9
Section 4–302.6 10
Annotated Code of Maryland 11
(2023 Replacement Volume and 2025 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Health – General 15
4–302.6. 16
(a) (1) In this section the following words have the meanings indicated. 17
(2) “Business associate” has the meaning stated in 45 C.F.R. § 160.103. 18
(3) “Electronic health care transactions” has the meaning stated in § 19
4–302.3 of this subtitle. 20
(4) “Electronic health network” has the meaning stated in § 4–302.3 of this 21
subtitle. 22
2 HOUSE BILL 489
(5) “Nursing home” has the meaning stated in § 19–1401 of this article. 1
(b) (1) If a nursing home contracts with or uses an electronic health network 2
or electronic medical record ve ndor, the nursing home may direct the electronic health 3
network or electronic medical record vendor to release patient medical records or electronic 4
health care transactions held by the electronic health network or electronic medical record 5
vendor to a business associate of the nursing home. 6
(2) An electronic health network or electronic medical record vendor 7
releasing patient medical records or electronic health care transactions under paragraph 8
(1) of this subsection: 9
(i) Shall release the patient medical records or electronic health 10
care transactions in an electronic format that conforms to the specifications of the Office of 11
the National Coordinator for Health Information Technology or another form required by 12
the State–designated health information exchange; 13
(ii) Shall make the patient medical records or electronic health care 14
transactions available on a regular basis and release the information in a timely manner 15
to support patient care and monitoring; and 16
(iii) May not restrict[,] OR limit[, or charge a fee for ] the release of 17
the patient medical records or electronic health care transactions. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2026. 20