SIGNIFICANT CASE SUMMARIES

Maryland Case Summary

Hollabaugh v. MRO Corp.
Maryland Supreme Court
No. 27, Sept. Term, 2024

Decided: July 10, 2025

The Confidentiality of Medical Records Act permits charging fees for the retrieval and preparation of requested medical records, but only if such records are actually retrieved and produced.

Background

In February 2020, Plaintiff authorized her attorney to request medical records from her health care provider to assess a personal injury claim. Her provider contracted with MRO Corporation to fulfill the request. MRO then sent Plaintiff’s attorney an invoice cancelling the document request and charging a $22.88 fee for “searching” for her medical records. In August 2022, Plaintiff filed a putative class action suit for violating Section 4-304(c) of the Health-General Article, which is the provision of the Confidentiality Act authorizing, among other things, a $22.88 fee for record “retrieval and preparation.” MRO moved to dismiss, alleging that Plaintiff lacked standing because her attorney paid the fee, not her, and that Section 4-304(c) authorized the $22.88 fee.

The Circuit Court found Plaintiff had standing because she reimbursed her attorney for the $22.88 fee but dismissed the case on the basis that Section 4-304(c) authorized the $22.88 fee. The Intermediate Appellate Court affirmed both decisions by the Circuit Court. The Supreme Court of Maryland granted certiorari to consider both issues.

Holding

The Supreme Court of Maryland affirmed that Plaintiff had standing. However, the Court reversed the Appellate Court’s finding that Section 4-304(c) authorized the $22.88 fee. Instead, the Court held that within the plain language of Section 4-304(c), the legislature intended only a fee for the retrieval and preparation of medical records. No fee was approved for “searching” for records that do not exist. Specifically, the Court held that “the ordinary meanings of both ‘retrieval’ and ‘preparation’ thus imply that there is something capable of being obtained and made ready for use.” Here, since the records search came up empty, MRO performed neither a retrieval nor preparation of the requested medical records. Therefore, the plain meaning and statutory context of Section 4-304(c) confirms that health care providers may not charge a preparation fee for a search that does not result in copying, preparing, or providing the requested medical records.

Questions about this case can be directed to Alex Mitchell at (443) 641-0563 or amitchell@tthlaw.com.