Q: What CMIA statutes do not allow for a party to be compelled to execute an authorization for release of medical records?

A: Under the California Confidentiality of Medical Information Act (CMIA), there are certain statutes that do not allow a party to be compelled to execute an authorization for the release of their medical records:

1. Civil Code Section 56.11: This section states that an authorization to release medical information shall not be combined with any other authorization except one for the disclosure of medical information held by another provider or health plan. This means that a party cannot be compelled to sign a combined authorization that would release their medical records along with other information.

2. Civil Code Section 56.20(b): This section provides that a health care provider, health care service plan, or contractor shall not disclose medical information regarding a patient without first obtaining an authorization, except in certain specified circumstances. This implies that a party cannot be forced to provide an authorization for the release of their medical records.

3. Civil Code Section 56.21(a): This section states that a health care provider, health care service plan, or contractor who creates, maintains, preserves, stores, abandons, or destroys medical records shall do so in a manner that preserves the confidentiality of the information contained therein. This duty extends to the electronic storage or transmission of medical information. This section emphasizes the importance of maintaining the confidentiality of medical records and suggests that a party cannot be compelled to release them without proper authorization.

It's important to note that while these statutes protect the confidentiality of medical information, there are certain exceptions where medical records may be disclosed without the patient's authorization, such as in cases of court orders, subpoenas, or search warrants, as outlined in Civil Code Section 56.10(b).