Los Angeles, CA asked in Health Care Law for California

Q: Hospital legal obligation to patient in respect to disclosure of medical records

What statute defines that hospital shall not disclose without patient's authorization patient's medical records, although independent consultant gave order to disclose, AFTER patient was discharged from hospital?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, the statute that defines the hospital's obligation to protect patient medical records from unauthorized disclosure, even if an independent consultant orders the disclosure after the patient is discharged, is the California Confidentiality of Medical Information Act (CMIA), codified in California Civil Code Sections 56-56.37.

According to the CMIA, a hospital cannot disclose a patient's medical records without the patient's explicit authorization, except under specific circumstances outlined in the statute. This protection extends beyond the patient's discharge from the hospital. The independent consultant's order does not override the patient's right to confidentiality.

The CMIA emphasizes that any unauthorized disclosure of medical records can result in legal consequences, including fines and damages. The law is designed to ensure that patients maintain control over their medical information, safeguarding their privacy even after they have left the hospital.

In summary, under the CMIA, hospitals must obtain patient authorization before disclosing medical records, regardless of any orders from independent consultants. This statute ensures the protection of patient confidentiality and imposes strict guidelines on how medical information is managed and shared.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.