Los Angeles, CA asked in Health Care Law for California

Q: Disclosure of medical records

When there are no section 56.10 (b) mandates to disclose patient's record, health care provider still has liability to disclose records to requestor. What statute defines that?

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James L. Arrasmith
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Answered

A: Under California law, even when there are no mandates to disclose a patient's medical records under section 56.10(b) of the California Confidentiality of Medical Information Act (CMIA), a health care provider may still have an obligation to disclose records to a requestor under certain circumstances. This obligation is defined in section 56.10(c) of the CMIA.

Section 56.10(c) of the CMIA states that a health care provider may disclose medical information about a patient without their authorization if the disclosure is specifically authorized by law. Some of the situations where disclosure is authorized include:

1. Disclosures to a county coroner in the course of an investigation by the coroner's office.

2. Disclosures to a public health authority or the Centers for Disease Control and Prevention for the purpose of preventing or controlling disease, injury, or disability.

3. Disclosures to a health care provider for diagnosis or treatment of the patient.

4. Disclosures to an insurer, employer, health care service plan, hospital service plan, employee benefit plan, governmental authority, contractor, or other person or entity responsible for paying for health care services rendered to the patient, to the extent necessary to allow responsibility for payment to be determined and payment to be made.

It's important to note that even when disclosure is authorized under section 56.10(c), the health care provider must limit the disclosure to the minimum amount of information necessary to accomplish the intended purpose of the disclosure.

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