Q: Framing causes of action

A: Under California law, when framing causes of action, it is generally advisable to base each cause of action on a distinct legal theory or statute that was violated. This approach helps to clarify the specific grounds for each claim and can strengthen the overall case.

In the context of unauthorized disclosure of a patient's medical information resulting in hospice fraud, there are two potential causes of action to consider:

1. Violation of the California Confidentiality of Medical Information Act (CMIA): The CMIA, codified in California Civil Code §§ 56-56.37, prohibits the unauthorized disclosure of medical information by healthcare providers and other covered entities. If a patient's medical information was disclosed without authorization, it would constitute a violation of the CMIA. This violation can serve as a distinct cause of action, separate from the hospice fraud claim. (See Civ. Code § 56.36 for remedies available under the CMIA).

2. Hospice Fraud: Hospice fraud can encompass various legal theories, such as fraud, false claims, or negligent misrepresentation, depending on the specific circumstances of the case. These legal theories are based on common law principles and/or specific statutes, such as the California False Claims Act (Gov. Code §§ 12650-12656) or the California Fraud Prevention Act (Bus. & Prof. Code §§ 17200-17210). The unauthorized disclosure of medical information can be a component of the hospice fraud cause of action, as it may have facilitated or contributed to the fraudulent activity.

In summary, it is advisable to plead the CMIA violation as a separate cause of action, distinct from the hospice fraud claim. This approach highlights the specific statutory violation and its associated remedies, while the hospice fraud cause of action focuses on the fraudulent activity and its consequences. The unauthorized disclosure of medical information can still be mentioned within the hospice fraud cause of action as a factor contributing to the alleged fraud.

References:

- California Civil Code §§ 56-56.37 (Confidentiality of Medical Information Act)

- California Government Code §§ 12650-12656 (California False Claims Act)

- California Business and Professions Code §§ 17200-17210 (California Fraud Prevention Act)