California Legislature—2015–16 Regular Session

Assembly BillNo. 2703


Introduced by Assembly Member Linder

February 19, 2016


An act to amend Section 56.11 of the Civil Code, relating to medical confidentiality.

LEGISLATIVE COUNSEL’S DIGEST

AB 2703, as introduced, Linder. Medical confidentiality: authorizations.

Existing law requires a person or entity that wishes to obtain medical information from a provider of health care, health care service plan, or contractor regarding a patient of the provider of health care, or an enrollee or subscriber of a health care service plan, to obtain a valid authorization for the release of the information, as specified.

This bill would make technical, nonsubstantive changes to those provisions. This bill would also delete obsolete cross-references.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 56.11 of the Civil Code is amended to
2read:

3

56.11.  

begin deleteAny end deletebegin insertA end insertperson or entity that wishes to obtain medical
4information pursuant to subdivision (a) of Section 56.10, other
5than a person or entity authorized to receive medical information
6pursuant to subdivision (b) or (c) of Section 56.10, except as
P2    1provided in paragraph (21) of subdivision (c) of Section 56.10,
2shall obtain a valid authorization for the release of this information.

3An authorization for the release of medical information by a
4provider of health care, health care service plan, pharmaceutical
5company, or contractor shall be valid if it:

6(a) Is handwritten by the person who signs it or is in a typeface
7no smaller than 14-point type.

8(b) Is clearly separate from any other language present on the
9same page and is executed by a signaturebegin delete whichend deletebegin insert thatend insert serves no
10other purpose than to execute the authorization.

11(c) Is signed and dated by one of the following:

12(1) The patient. A patient who is a minor may only sign an
13authorization for the release of medical information obtained by
14a provider of health care, health care service plan, pharmaceutical
15company, or contractor in the course of furnishing services to
16which the minor could lawfully havebegin delete consented under Part 1
17(commencing with Section 25) or Part 2.7 (commencing with
18Section 60).end delete
begin insert consented.end insert

19(2) The legal representative of the patient, if the patient is a
20minor or an incompetent. However, authorization may not be given
21under this subdivision for the disclosure of medical information
22obtained by the provider of health care, health care service plan,
23pharmaceutical company, or contractor in the course of furnishing
24services to which a minor patient could lawfully havebegin delete consented
25under Part 1 (commencing with Section 25) or Part 2.7
26(commencing with Section 60).end delete
begin insert consented.end insert

27(3) The spouse of the patient or the person financially
28responsible for the patient, where the medical information is being
29sought for the sole purpose of processing an application for health
30insurance or for enrollment in a nonprofit hospital plan, a health
31care service plan, or an employee benefit plan, and where the
32patient is to be an enrolled spouse or dependent under the policy
33or plan.

34(4) The beneficiary or personal representative of a deceased
35patient.

36(d) States the specific uses and limitations on the types of
37medical information to be disclosed.

38(e) States the name or functions of the provider of health care,
39health care service plan, pharmaceutical company, or contractor
40that may disclose the medical information.

P3    1(f) States the name or functions of the persons or entities
2authorized to receive the medical information.

3(g) States the specific uses and limitations on the use of the
4medical information by the persons or entities authorized to receive
5the medical information.

6(h) States a specific date after which the provider of health care,
7health care service plan, pharmaceutical company, or contractor
8is no longer authorized to disclose the medical information.

9(i) Advises the person signing the authorization of the right to
10receive a copy of the authorization.



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