1. A. The Commission may withdraw certification from an MHCC-certified EHN if the Commission finds that:

   1. (1) The MHCC-certified EHN fails to meet the certification standards set forth in Regulation .05 of this chapter;
   2. (2) A principal or owner of the MHCC-certified EHN, or the entity itself, is convicted of, or pleads guilty or nolo contendere to, a crime related to the operation of the EHN or to a crime involving financial improprieties;
   3. (3) A principal or owner of the MHCC-certified EHN, or the entity itself, is notified by a qualified accreditation or certification organization or the Commission of a violation of HIPAA privacy or security standards and fails to take action to remedy the violation within the period of time specified by a qualified accreditation or certification organization or by the Commission;
   4. (4) The MHCC-certified EHN disclosed legally protected health information in violation of Health-General Article, §4-302.5, Annotated Code of Maryland; or
   5. (5) The MHCC-certified EHN fails to submit electronic health care transactions information to the State-designated HIE in accordance with Regulation .09 of this chapter.

2. B. Beginning June 1, 2024, a person who knowingly violates Health-General Article, §4-302.5, Annotated Code of Maryland, shall be guilty of a misdemeanor and on conviction is subject to a fine not to exceed $10,000 per day based on:

   1. (1) The extent of actual or potential public harm caused by the violation;
   2. (2) The cost of investigating the violation; and
   3. (3) The person’s prior record of compliance.

3. C. A MHCC-certified EHN that fails to submit electronic health transactions information to the State-designated HIE in accordance with Regulation .09 of this chapter may be subject to a financial penalty not to exceed $10,000 per day based on:

   1. (1) The extent of actual or potential public harm caused by the violation;
   2. (2) The cost of investigating the violation; and
   3. (3) Whether the MHCC-certified EHN committed previous violations.

Authority: Health-General Article, §§4-302.1, 4-302, 4-302.2—.3, 4-302.5, 19-103(c)(2), (9) and (10), 19-109(a)(1) and (8), 19-133(d), 19-134, and 19-135(a) and (b), Annotated Code of Maryland

Effective date: July 15, 1996 (23:14 Md. R. 1008)

Regulation .01 amended effective July 23, 2001 (28:14 Md. R. 1322)

Regulation .02 amended effective April 3, 2000 (27:6 Md. R. 641)

Regulation .03 amended effective July 23, 2001 (28:14 Md. R. 1322)

Regulation .05 amended effective April 15, 2002 (29:7 Md. R. 620)

Regulation .10 amended effective July 23, 2001 (28:14 Md. R. 1322)

Regulation .11 amended effective April 3, 2000 (27:6 Md. R. 641); December 23, 2002 (29:25 Md. R. 1983)

Regulations .01—.11 repealed and new Regulations .01—.11 adopted effective March 24, 2008 (35:6 Md. R. 698)

Regulation .02B amended effective December 15, 2008 (35:25 Md. R. 2150)

Regulation .02B amended as an emergency provision effective January 11, 2024 (51:3 Md. R. 152); amended permanently effective May 13, 2024 (51:9 Md. R. 440)

Regulation .04A amended effective December 15, 2008 (35:25 Md. R. 2150)

Regulation .04B amended as an emergency provision effective January 11, 2024 (51:3 Md. R. 152); amended permanently effective May 13, 2024 (51:9 Md. R. 440)

Regulation .05A amended effective December 15, 2008 (35:25 Md. R. 2150)

Regulation .05A amended as an emergency provision effective January 11, 2024 (51:3 Md. R. 152); amended permanently effective May 13, 2024 (51:9 Md. R. 440)

Regulation .06A, D amended effective December 15, 2008 (35:25 Md. R. 2150)

Regulation .09 amended as an emergency provision effective January 11, 2024 (51:3 Md. R. 152); amended permanently effective May 13, 2024 (51:9 Md. R. 440)

Regulation .09C amended effective December 15, 2008 (35:25 Md. R. 2150)

Chapter revised effective November 10, 2025 (52:22 Md. R. 1095)