Md. Code Regs. 32.01.02.02

Current through Register Vol. 51, No. 24, December 2, 2024

Section 32.01.02.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Act" means the Public Information Act, State Government Article, §§ 10-611 -10-628, Annotated Code of Maryland.

(2) "Applicant" means a person requesting disclosure of public records.

(3) "Custodian" means an authorized person employed by the Department having personal custody and control of public records of the Department.

(4) "Department" means the Maryland Department of Aging.

(5) "Official custodian" means the person who is responsible for the maintenance, care, and keeping of the public records of the Department. Unless otherwise provided by law, the Secretary is the official custodian of the Department's records.

(6) Participant.

(a) "Participant" means an individual who applies for, receives, or participates in any service, benefit, or program administered, sponsored, funded, or regulated in whole or in part by the Department, including a service, benefit, or program which is administered, sponsored, funded, or regulated in conjunction with an area agency on aging.

(b) "Participant" does not include an applicant or holder of a contract, grant, license, or certificate by the Department, or a provider of any service, benefit, or program which is administered, sponsored, funded, or regulated by the Department.

(7) "Person in interest" means:

(a) An individual who is the subject of a public record; or

(b) An authorized representative of the individual.

(8) Public Records.

(a) "Public records" means all paper, correspondence, forms, books, photographs, photostats, films, microfilms, sound recordings, maps, drawings, or other written documents, regardless of physical form or characteristics.

(b) "Public records" includes:

(i) All copies made or received by the Department in connection with the transaction of public business;

(ii) The salaries of all employees of the Department.

(9) "Secretary" means the Secretary of Aging.

(10) Sociological information.

(a) "Sociological information" means information that names or, with reasonable certainty, otherwise identifies a participant.

(b) "Sociological information" includes the following information about a participant:

(i) Name;

(ii) Social Security number;

(iii) Personal street address;

(iv) Personal phone number;

(v) Date of birth;

(vi) Medical assistance number; and

(vii) Identity of participant's relatives, emergency contacts, or representatives.

(c) To the extent that such information, in combination, may identify a participant, "sociological information" also includes the following information about a participant:

(i) Age, gender, race, religious preference, disabilities, or sexual orientation;

(ii) Marital status or living arrangements;

(iii) Education;

(iv) Work history;

(v) Military service;

(vi) Medical information, including treatments or medications;

(vii) Financial information, including income and assets;

(viii) Assessment of participant's ability to perform routine activities of daily living;

(ix) Assessment of participant's medical, financial, transportation, social, or housing needs; and

(x) Information related to receipt of any government benefits.

(11) "Working day" means a day other than Saturday, Sunday, or State holiday.

(12) "Written documents" means all books, papers, maps, photographs, cards, tapes, recordings, computerized records, and other documentary materials, regardless of physical form or characteristics.

Md. Code Regs. 32.01.02.02

Regulation .02B amended effective January 21, 2002 (29:1 Md. R. 28)