Public documents; confidential records

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    (a)    Except for contracts referred to in § 14-405(b)(5) of this subtitle and complaints filed under § 14-412 of this subtitle, applications, filings, and reports required under this subtitle are public documents and may not be considered confidential.

    (b)    (1)    Except as provided in paragraph (2) of this subsection, information obtained by a dental plan organization about the diagnosis, treatment, or health of an enrollee is confidential and may not be disclosed.

        (2)    A dental plan organization may disclose information described in paragraph (1) of this subsection:

            (i)    to the extent that disclosure may be necessary to carry out the purposes of this subtitle;

            (ii)    with the express consent of the enrollee;

            (iii)    under statute or court order for the production or discovery of evidence; or

            (iv)    if the information is pertinent to a claim or in litigation between the enrollee and dental plan organization.

    (c)    A dental plan organization may claim any statutory privileges against disclosure of information that the dentist who provides the information to the dental plan organization may claim.


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