The Court of Appeals explains that in evaluating whether there is a valid “need to inspect,” the trial court should consider: The party seeking disclosure of the records must establish a “need to inspect” by demonstrating to the court “a reasonable possibility” that the confidential records will yield relevant, useable evidence. The motion to compel should ask the court to enter an order specifically directing the health care provider to disclose the confidential records. Therefore, the court found that the first step in the process of obtaining mental health records is to file a motion to compel. Under the Confidentiality Act, mental health records can ONLY be disclosed in response to a clear court order. Based on these various parts of Maryland law, the Court articulated a clear legal standard and step-by-step procedural process for when and how civil litigants can obtain confidential mental health records. Mental health records can ONLY be produced in response to a court order and even then only the relevant portions of the records are fair game.Īfter outlining the parameters of the Confidentiality Act, the Court went on to discuss the relevant aspects of the Maryland discovery rules and applicable case law. The Confidentiality Act provides an additional level of protection for mental health records. Maryland’s Confidentiality Act requires health care providers to keep medical records confidential and prohibits disclosure except as “provided by law” (e.g., in response to a subpoena). The Maryland Court of Appeals decision, in this case, began with a discussion of the Confidential Act. Naturally, it beings with a Zoom mute button related complication. The Court of Appeals granted certiorari to weigh in on the topic. The COSA reversed the lower court’s decision for somewhat confusing reasons that we won’t bother to address. SLI immediately appealed this decision to the Court of Special Appeals (the “COSA”). County Circuit Court granted this motion and directed SLI to produce the records. The plaintiffs responded with a cross-motion asking for a court order directing SLI to produce Brother Holmes’ records. SLI filed a motion to quash the subpoena on the grounds that the records were confidential and protected under Maryland’s Confidentiality Act ( Md. Plaintiffs in the MA Lawsuits got a Commission and Letters Rogatory the court in Massachusetts and then initiated an action in the Circuit Court for Prince George’s County to get a subpoena for SLI’s mental health records on Brother Holmes. Some of the documents produced in discovery indicated that SLI employees had done 2 separate psychiatric evaluation reports on Brother Holmes. SLI is a Catholic mental health treatment facility that specializes in treated troubled members of the Catholic clergy. Luke Institute (“SLI”) in Maryland for “psychotherapy” treatment. During discovery in the MA Lawsuit, the plaintiffs learned that in the early 1990s the defendants sent Brother Holmes (deceased since 2017) to St. Specifically, the claims alleged that the defendants were aware that Brother Holmes was a sexual predator and did nothing to stop him. The MA Lawsuit asserted claims of negligent hiring and negligent supervision against the defendants. The plaintiffs in the MA Lawsuit alleged that they were sexually abused by a catholic priest, Brother Edward Holmes, when they were children living in a group home run by the church. The issue arose in the context of a sexual abuse lawsuit filed in Massachusetts against the Catholic Archbishop of Boston (the “MA Lawsuit”). Jones, the Maryland Court of Appeals was tasked with defining the appropriate legal standard and process to apply when a party in a civil case seeks discovery of confidential mental health records. Rule 2-403(b) allowing disclosure of the records with appropriate privacy restrictions If relevancy is confirmed, court will enter order under Md.If movant establishes “need to inspect,” the court should review confidential records in camera to confirm relevance.Movant must demonstrate a “need to inspect” by showing that the confidential records will yield useable, relevant evidence.File a motion to compel disclosure and requesting a court order under Code Ann., Health Gen.The process for getting confidential mental health records in civil discovery are now as follows: Term 2019), the Maryland Court of Appeals laid out a step-by-step roadmap for when and how litigants can get confidential mental health records in civil discovery. They rarely bear the juicy fruit they seek. Defense lawyers are often obsessed with getting the victim’s mental health records.
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