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?
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.
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