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California Civil Code. California
Читать онлайн.Название California Civil Code
Год выпуска 0
isbn 9785392109821
Автор произведения California
Жанр Юриспруденция, право
Издательство Проспект
(h) States a specific date after which the provider of health care, health care service plan, pharmaceutical company, or contractor is no longer authorized to disclose the medical information.
(i) Advises the person signing the authorization of the right to receive a copy of the authorization.
(Amended by Stats. 2009, Ch. 493, Sec. 2. Effective January 1, 2010.)
56.12. Upon demand by the patient or the person who signed an authorization, a provider of health care, health care service plan, pharmaceutical company, or contractor possessing the authorization shall furnish a true copy thereof.
(Amended by Stats. 2002, Ch. 853, Sec. 5. Effective January 1, 2003.)
56.13. A recipient of medical information pursuant to an authorization as provided by this chapter or pursuant to the provisions of subdivision (c) of Section 56.10 may not further disclose that medical information except in accordance with a new authorization that meets the requirements of Section 56.11, or as specifically required or permitted by other provisions of this chapter or by law.
(Added by Stats. 1981, Ch. 782, Sec. 2.)
56.14. A provider of health care, health care service plan, or contractor that discloses medical information pursuant to the authorizations required by this chapter shall communicate to the person or entity to which it discloses the medical information any limitations in the authorization regarding the use of the medical information. No provider of health care, health care service plan, or contractor that has attempted in good faith to comply with this provision shall be liable for any unauthorized use of the medical information by the person or entity to which the provider, plan, or contractor disclosed the medical information.
(Amended by Stats. 1999, Ch. 526, Sec. 6. Effective January 1, 2000.)
56.15. Nothing in this part shall be construed to prevent a person who could sign the authorization pursuant to subdivision (c) of Section 56.11 from cancelling or modifying an authorization. However, the cancellation or modification shall be effective only after the provider of health care actually receives written notice of the cancellation or modification.
(Repealed and added by Stats. 1981, Ch. 782, Sec. 2.)
56.16. For disclosures not addressed by Section 56.1007, unless there is a specific written request by the patient to the contrary, nothing in this part shall be construed to prevent a general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, upon an inquiry concerning a specific patient, from releasing at its discretion any of the following information: the patient’s name, address, age, and sex; a general description of the reason for treatment (whether an injury, a burn, poisoning, or some unrelated condition); the general nature of the injury, burn, poisoning, or other condition; the general condition of the patient; and any information that is not medical information as defined in Section 56.05.
(Amended by Stats. 2013, Ch. 444, Sec. 5. Effective January 1, 2014.)
CHAPTER 2.5. Disclosure of Genetic Test Results by a Health Care Service Plan [56.17–56.17.]
(Chapter 2.5 added by Stats. 1995, Ch. 695, Sec. 1.)
56.17. (a) This section shall apply to the disclosure of genetic test results contained in an applicant’s or enrollee’s medical records by a health care service plan.
(b) Any person who negligently discloses results of a test for a genetic characteristic to any third party in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization as described in subdivision (g), shall be assessed a civil penalty in an amount not to exceed one thousand dollars ($1,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test.
(c) Any person who willfully discloses the results of a test for a genetic characteristic to any third party in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization as described in subdivision (g), shall be assessed a civil penalty in an amount not less than one thousand dollars ($1,000) and no more than five thousand dollars ($5,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test.
(d) Any person who willfully or negligently discloses the results of a test for a genetic characteristic to a third party in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization as described in subdivision (g), that results in economic, bodily, or emotional harm to the subject of the test, is guilty of a misdemeanor punishable by a fine not to exceed ten thousand dollars ($10,000).
(e) In addition to the penalties listed in subdivisions (b) and (c), any person who commits any act described in subdivision (b) or (c) shall be liable to the subject for all actual damages, including damages for economic, bodily, or emotional harm which is proximately caused by the act.
(f) Each disclosure made in violation of this section is a separate and actionable offense.
(g) The applicant’s “written authorization,” as used in this section, shall satisfy the following requirements:
(1) Is written in plain language and is in a typeface no smaller than 14-point type.
(2) Is dated and signed by the individual or a person authorized to act on behalf of the individual.
(3) Specifies the types of persons authorized to disclose information about the individual.
(4) Specifies the nature of the information authorized to be disclosed.
(5) States the name or functions of the persons or entities authorized to receive the information.
(6) Specifies the purposes for which the information is collected.
(7) Specifies the length of time the authorization shall remain valid.
(8) Advises the person signing the authorization of the right to receive a copy of the authorization. Written authorization is required for each separate disclosure of the test results.
(h) This section shall not apply to disclosures required by the Department of Health Services necessary to monitor compliance with Chapter 1 (commencing with Section 124975) of Part 5 of Division 106 of the Health and Safety Code, nor to disclosures required by the Department of Managed Care necessary to administer and enforce compliance with Section 1374.7 of the Health and Safety Code.
(i) For purposes of this section, “genetic characteristic” has the same meaning as that set forth in subdivision (d) of Section 1374.7 of the Health and Safety Code.
(Amended by Stats. 2003, Ch. 562, Sec. 4. Effective January 1, 2004.)
CHAPTER 3. Use and Disclosure of Medical Information by Employers [56.20 — 56.245]
(Chapter 3 added by Stats. 1981, Ch. 782, Sec. 2.)
56.20. (a) Each employer who receives medical information shall establish appropriate procedures to ensure the confidentiality and protection from unauthorized use and disclosure of that information. These procedures may include, but are not limited to, instruction regarding confidentiality of employees and agents handling files containing medical information, and security systems restricting access to files containing medical information.
(b) No employee shall be discriminated against in terms or conditions of employment due to that employee’s refusal to sign an authorization under this part. However, nothing in this section shall prohibit an employer from taking such action as is necessary in the absence of medical information due to an employee’s refusal to sign an authorization under this part.
(c) No employer shall use, disclose, or knowingly permit its employees or agents to use or disclose medical information which the employer possesses pertaining to its employees without the patient having first signed