Q: What statute defines format for verification of objection to release of medical information, with facts?
What statute defines format for verification of objection to release of medical information, with facts?
Request for release of any items, any type of medical information is objected, with factual basis of irrelevancy of protected information to claimed damages.
A:
Under California law, the Confidentiality of Medical Information Act (CMIA), which is codified in California Civil Code Section 56 et seq., governs the release of medical information. Specifically, Section 56.11 addresses the verification of an objection to the release of medical information.
According to California Civil Code Section 56.11(c), a person who wishes to object to the release of their medical information must provide a "written statement" that does the following:
1. Identifies the specific medical information the individual objects to being disclosed.
2. States the reasons for the objection.
3. Provides a factual basis demonstrating how the objected medical information is not relevant to the litigation or proceeding for which the information is sought.
The objection must be signed by the individual or their authorized representative under penalty of perjury. If the objection is made by an authorized representative, it must also include facts sufficient to establish the representative's authority to sign the objection on the individual's behalf.
In summary, California Civil Code Section 56.11(c) defines the format and requirements for verifying an objection to the release of medical information, which must include facts supporting the claim that the requested information is irrelevant to the claimed damages in the litigation or proceeding.
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