Maryland medical records laws

How Maryland differs from federal HIPAA

• Sets a dollar cap (greater of $0.50/page or $5, plus postage, CPI-adjustable); HIPAA requires only a reasonable cost-based fee.
• Bars refusing records over an unpaid medical bill and requires free copies for Social Security / needs-based benefit claims.
• Gives patients a state damages remedy; HIPAA has no private right of action.

How long a provider has to respond

Maryland providers must provide records within a reasonable time and no later than 21 working days after your written request; a provider who knowingly misses that window is liable for actual damages.(Md. Code, Health-Gen. § 4-309)

What a provider can charge

Since October 1, 2021, a Maryland provider may charge no more than 50 cents per page or a $5 flat fee, whichever is greater, plus actual postage; the amounts may be adjusted annually for inflation, and the provider must give an itemized bill. Copies for Social Security disability or needs-based benefit claims must be free.(2021 Md. Laws ch. 157 (HB 849), amending Health-Gen. § 4-304(c), eff. Oct. 1, 2021, 2024 Md. Laws ch. 838 (HB 153), amending Health-Gen. § 4-304(c)(5), eff. Oct. 1, 2024)

Paper copies

Greater of $0.50 per page or a $5 flat fee, plus actual postage (CPI-adjustable)

flat fee alternative (provider may charge the greater of $5 or $0.50/page)

Up to $5.00

Electronic copies

The 2021 amendment repealed the separate electronic-copy fee schedule; the same base fee applies, and HIPAA's cost-based limits apply to HIPAA-covered providers.

When copies are free

No fee for copies used to support a claim or appeal under the Social Security Act or a state needs-based benefit program when requested by the patient, the patient's personal representative, a nonprofit legal-services or volunteer representative, or (since Oct. 1, 2024) the patient's attorney.

A provider cannot refuse to give you your records because you owe money for treatment. Compare every state on the medical records fees by state page.

How long records must be kept

• All health care providers (physicians and hospitals): 7 years after the record is made; for minors, until the patient reaches the age of majority plus 7 years (i.e., age 25) — unless the patient (or parent/guardian) is notified before destruction(Md. Code, Health-Gen. § 4-403 (2026 statute text), Maryland Board of Physicians — Medical Record Retention & Fees FAQs)

Minors and sensitive records

• Minors: A minor's records may not be destroyed until the patient reaches the age of majority plus 7 years unless the parent or guardian is notified — or, for care the minor could consent to on their own under Health-Gen. § 20-102(c) or § 20-103(c), the minor is notified.(Md. Code, Health-Gen. § 4-403 (2026 statute text))

If a provider doesn't comply

A provider that knowingly refuses to disclose a record within 21 working days is liable for actual damages, and anyone who knowingly violates the confidentiality subtitle is liable for actual damages. Violations are also misdemeanors (fines up to $1,000 first offense, $5,000 subsequent), with higher criminal penalties for knowing wrongful disclosures. Providers may not refuse to disclose records because a bill for care is unpaid.(Md. Code, Health-Gen. § 4-309)

• Maryland Board of Physicians

  physicians and allied health practitioners licensed by the Board · (410) 764-4777; toll-free (800) 492-6836

• HHS Office for Civil Rights

  HIPAA violations by any covered entity, within 180 days

How to request your records in Maryland

1. Ask the provider's medical records (health information) department for its request form, or write your own request with your name, date of birth, dates of care, the records you want, and the format (paper or electronic).
2. Keep a copy and note the date — the 21 business days clock runs from when the provider receives it.
3. If the deadline passes or the bill exceeds the rules above, use the complaint routes on this page.

Templates and step-by-step help are on the records-access hub. Find a Maryland hospital's records office, or browse hospitals in Maryland.

Common questions about Maryland medical records