Q: What CMIA statute mandates disclosure of patient's records?
What CMIA statute mandates disclosure of patient's records?
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A:
Under the California Confidentiality of Medical Information Act (CMIA), the main statute that mandates disclosure of a patient's medical records is Civil Code Section 56.10. Specifically:
Civil Code Section 56.10(b) requires healthcare providers to disclose medical information if compelled by:
1) A court pursuant to an order of that court
2) A board, commission, or administrative agency for purposes of adjudication pursuant to its lawful authority
3) A party to a proceeding before a court or administrative agency pursuant to a subpoena, subpoena duces tecum, notice to appear, or any provision authorizing discovery in a proceeding before a court or administrative agency.
4) An arbitrator or arbitration panel, when arbitration is lawfully requested by either party, pursuant to a subpoena duces tecum issued under Section 1282.6 of the Code of Civil Procedure.
So in summary, healthcare providers must disclose medical records when compelled by courts, administrative agencies, parties to legal proceedings, or arbitrators, as authorized under Civil Code 56.10(b) of the CMIA. The disclosure is mandatory when the statutory procedures and requirements are followed.
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