1. “Custodian of health care records” or “custodian” means:
(a) Any person having primary custody of health care records pursuant to this chapter; or
(b) Any facility that maintains the health care records of patients.
2. For the purposes of this section, a provider of health care shall not be deemed to have primary custody of health care records or to be the operator of a facility that maintains the health care records of patients:
(a) Solely by reason of the status of the provider as a member of a group of providers of health care; or
(b) If another person is employed or retained to maintain custody of the health care records of the provider.