PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56. - 56.37.]

Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2.

§§ 56–56.37 · 46 sections

1. CHAPTER 1. Definitions §§ 56–56.07 · 4 sections

   • § 56 This part may be cited as the Confidentiality of Medical Information Act.
   • § 56.05 For purposes of this part: (a) “Authorization” means permission granted in accordance with Section 56.11 or 56.21 for the disclosure of medical information.…
   • § 56.06 (a) Any business organized for the purpose of maintaining medical information in order to make the information available to an individual or to a provider of…
   • § 56.07 (a) Except as provided in subdivision (c), upon the patient’s written request, any corporation described in Section 56.06, or any other entity that compiles or…
2. CHAPTER 2. Disclosure of Medical Information by Providers §§ 56.10–56.16 · 18 sections

   • § 56.10 (a) A provider of health care, health care service plan, or contractor shall not disclose medical information regarding a patient of the provider of health…
   • § 56.1007 (a) A provider of health care, health care service plan, or contractor may, in accordance with subdivision (c) or (d), disclose to a family member, other…
   • § 56.101 (a) Every provider of health care, health care service plan, pharmaceutical company, or contractor who creates, maintains, preserves, stores, abandons,…
   • § 56.102 (a) A pharmaceutical company may not require a patient, as a condition of receiving pharmaceuticals, medications, or prescription drugs, to sign an…
   • § 56.103 (a) A provider of health care may disclose medical information to a county social worker, a probation officer, a foster care public health nurse acting…
   • § 56.104 (a) Notwithstanding subdivision (c) of Section 56.10, except as provided in subdivision (e), no provider of health care, health care service plan, or…
   • § 56.105 Whenever, prior to the service of a complaint upon a defendant in any action arising out of the professional negligence of a person holding a valid physician’s…
   • § 56.106 (a) Notwithstanding Section 3025 of the Family Code, paragraph (2) of subdivision (c) of Section 56.11, or any other provision of law, a psychotherapist who…
   • § 56.107 Notwithstanding any other law, and to the extent permitted by federal law, a health care service plan shall take the following steps to protect the…
   • § 56.108 (a) Notwithstanding subdivisions (b) and (c) of Section 56.10 or subdivision (c) of Section 56.20, a provider of health care, health care service plan,…
   • § 56.109 (a) Notwithstanding subdivision (b) of Section 56.10, a provider of health care, health care service plan, or contractor shall not release medical information…
   • § 56.110 (a) Notwithstanding subdivision (c) of Section 56.10, a provider of health care, health care service plan, pharmaceutical company, contractor, or employer…
   • § 56.11 (a) Any person or entity that wishes to obtain medical information pursuant to subdivision (a) of Section 56.10, other than a person or entity authorized to…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
3. CHAPTER 2.5. Disclosure of Genetic Test Results by a Health Care Service Plan § 56.17 · 1 section

   • § 56.17 (a) This section shall apply to the disclosure of genetic test results by a health care service plan that are contained in an applicant’s or enrollee’s medical…
4. CHAPTER 2.6. Genetic Privacy §§ 56.18–56.186 · 5 sections

   • § 56.18 (a) This chapter shall be known, and may be cited, as the Genetic Information Privacy Act. (b) For purposes of this chapter, the following definitions apply:…
   • § 56.181 (a) To safeguard the privacy, confidentiality, security, and integrity of a consumer’s genetic data, a direct-to-consumer genetic testing company shall do both…
   • § 56.182 (a) Any person who negligently violates this chapter shall be assessed a civil penalty in an amount not to exceed one thousand dollars ($1,000) plus court…
   • § 56.184 (a) The provisions of this chapter shall not reduce a direct-to-consumer genetic testing company’s duties, obligations, requirements, or standards under any…
   • § 56.186 The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other…
5. CHAPTER 3. Use and Disclosure of Medical Information by Employers §§ 56.20–56.245 · 6 sections

   • § 56.20 (a) Each employer who receives medical information shall establish appropriate procedures to ensure the confidentiality and protection from unauthorized use…
   • § 56.21 An authorization for an employer to disclose medical information shall be valid if the authorization complies with all of the following: (a) Is handwritten or…
   • § 56.22 Upon demand by the patient or the person who signed an authorization, an employer possessing the authorization shall furnish a true copy thereof.
   • § 56.23 An employer that discloses medical information pursuant to an authorization required by this chapter shall communicate to the person or entity to which it…
   • § 56.24 Nothing in this part shall be construed to prevent a person who could sign the authorization pursuant to subdivision (c) of Section 56.21 from cancelling or…
   • § 56.245 A recipient of medical information pursuant to an authorization as provided by this chapter may not further disclose such medical information unless in…
6. CHAPTER 4. Relationship of Chapters 2 and 3 § 56.25 · 1 section

   • § 56.25 (a) An employer that is a provider of health care shall not be deemed to have violated Section 56.20 by disclosing, in accordance with Chapter 2 (commencing…
7. CHAPTER 4.1. Notifications § 56.251 · 1 section

   • § 56.251 When partnering with a provider of health care to provide a mental health digital service, any business that offers a mental health digital service shall…
8. CHAPTER 5. Use and Disclosure of Medical and Other Information by Third Party Administrators and Others §§ 56.26–56.265 · 2 sections

   • § 56.26 (a) No person or entity engaged in the business of furnishing administrative services to programs that provide payment for health care services shall knowingly…
   • § 56.265 A person or entity that underwrites or sells annuity contracts or contracts insuring, guaranteeing, or indemnifying against loss, harm, damage, illness,…
9. CHAPTER 6. Relationship to Existing Law §§ 56.27–56.31 · 5 sections

   • § 56.27 An employer that is an insurance institution, insurance agent, or insurance support organization subject to the Insurance Information and Privacy Protection…
   • § 56.28 Nothing in this part shall be deemed to affect existing laws relating to a patient’s right of access to his or her own medical information, or relating to…
   • § 56.29 (a) Nothing in Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 shall be construed to permit the acquisition or disclosure of…
   • § 56.30 The disclosure and use of the following medical information shall not be subject to the limitations of this part: (a) (Mental health and developmental…
   • § 56.31 Notwithstanding any other provision of law, nothing in subdivision (f) of Section 56.30 shall permit the disclosure or use of medical information regarding…
10. CHAPTER 7. Violations §§ 56.35–56.37 · 3 sections

    • § 56.35 In addition to any other remedies available at law, a patient whose medical information has been used or disclosed in violation of Section 56.10, 56.104,…
    • § 56.36 (a) A violation of the provisions of this part that results in economic loss or personal injury to a patient is punishable as a misdemeanor. (b) In addition to…
    • § 56.37 (a) No provider of health care, health care service plan, or contractor may require a patient, as a condition of receiving health care services, to sign an…