AB 2703, as amended, 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,
begin deleteas specified.end delete
This bill would
begin delete make technical, nonsubstantive changes to those provisions. This bill would also delete obsolete cross-references.end delete
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 56.11 of the Civil Code is amended to
A person or entity that wishes to obtain medical
2information pursuant to subdivision (a) of Section 56.10, other
3than a person or entity authorized to receive medical information
4pursuant to subdivision (b) or (c) of Section 56.10, except as
5provided in paragraph (21) of subdivision (c) of Section 56.10,
6shall obtain a valid authorization for the release of this information.
7An authorization for the release of medical information by a
8provider of health care, health care service plan, pharmaceutical
9company, or contractor shall be valid if it:
10(a) Is handwritten by the person who signs it or is in a typeface
11no smaller than 14-point
begin delete type.end delete
14(b) Is clearly separate from any other language present on the
15same page and is executed by a signature that serves no other
16purpose than to execute the authorization.
17(c) Is signed and dated by one of the following:
18(1) The patient. A patient who is a minor may only sign an
19authorization for the release of medical information obtained by
20a provider of health care, health care service plan, pharmaceutical
21company, or contractor in the course of furnishing services to
22which the minor could lawfully have consented.
23(2) The legal representative of the patient, if the patient is a
24minor or an incompetent. However, authorization may not be given
25under this subdivision for the disclosure of medical information
26obtained by the provider of health care, health care service plan,
27pharmaceutical company, or contractor in the course of furnishing
28services to which a minor patient could lawfully have consented.
29(3) The spouse of the patient or the person financially
30responsible for the patient, where the medical information is being
31sought for the sole purpose of processing an application for health
32insurance or for enrollment in a nonprofit hospital plan, a health
33care service plan, or an employee benefit plan, and where the
34patient is to be an enrolled spouse or dependent under the policy
begin delete beneficiary orend delete personal begin delete representativeend delete
37 of a deceased
begin delete patient.end delete
38(d) States the specific uses and limitations on the types of
39medical information to be disclosed.
P3 1(e) States the name or functions of the provider of health care,
2health care service plan, pharmaceutical company, or contractor
3that may disclose the medical information.
4(f) States the name or functions of the persons or entities
5authorized to receive the medical information.
6(g) States the specific uses and limitations on the use of the
7medical information by the persons or entities authorized to receive
8the medical information.
9(h) States a specific date after which the provider of health care,
10health care service plan, pharmaceutical company, or contractor
11is no longer authorized to disclose the medical information.
12(i) Advises the person signing the authorization of the right to
13receive a copy of the authorization.