Liability for unauthorized disclosure of medical records upon described circumstances.

Question

Conditions of Admission are very specific in respect to Hospital Physician Relationship, stating that doctor is independent consultant, and hospital has to perform doctor's directions. 
Does it mean that Hospital's information services, in-house or consultants, have to produce for hospice patient's records without patient's authorization because consultant ordered, after patient was discharged from hospital,  
BUT hospital is NOT liable? 
In relevance, CMIA is very particular that waiver for authorization to release medical records as condition for admission to hospital is unenforceable.

James L. Arrasmith · Answer

Under California law, unauthorized disclosure of medical records is strictly regulated by the Confidentiality of Medical Information Act (CMIA). The hospital and its information services, whether in-house or consultants, are required to obtain patient authorization before releasing medical records, even if ordered by a consultant after the patient's discharge. The CMIA specifies that a waiver for authorization to release medical records as a condition for admission is unenforceable, ensuring patient consent is mandatory for any such disclosure. 
 
The hospital is responsible for protecting patient confidentiality and cannot simply follow a consultant's order without the patient's explicit authorization. Even though doctors may be independent consultants and hospitals must follow their directions in medical matters, this does not extend to bypassing legal requirements for patient consent regarding medical records. 
 
Therefore, the hospital and its services would be liable for any unauthorized release of medical records. Compliance with CMIA is crucial to avoid legal consequences, and patient rights to confidentiality must be upheld regardless of the relationship between the hospital and its consulting physicians.

Q: Liability for unauthorized disclosure of medical records upon described circumstances.