Q: Identity of provider for third party, to whom data was disclosed.

A: It appears that hospital records were disclosed without authorization to a hospice by a particular person affiliated with the hospital. The identity of this person, including their name and the time they generated the records, is known. The key question is whether a court can order the defendant hospital to disclose the identity and affiliation of this person if they are affiliated with the hospice (the third party entity to which the information was improperly disclosed).

Under California law, specifically the Confidentiality of Medical Information Act (CMIA), a patient whose medical information has been improperly disclosed may be entitled to various remedies, including the right to discover certain information about the unauthorized disclosure.

California Civil Code Section 56.10(c)(3) states that a provider of health care shall disclose medical information if compelled by judicial or administrative process or by any other specific provision of law. This suggests that if a court orders the defendant hospital to disclose the identity and affiliation of the person who improperly disclosed the records, the hospital would be required to comply.

Moreover, during the discovery phase of a lawsuit, a plaintiff may seek information that is relevant to their claims or defenses. The identity and affiliation of the person who improperly disclosed the records would likely be considered relevant information in a case involving unauthorized disclosure of medical records.

However, it's important to note that the court has discretion in determining the scope of discovery and may consider various factors, such as the privacy rights of the individual whose identity is being sought and the potential burden on the defendant hospital in providing the information.

In summary, while a definitive answer would depend on the specific facts of the case and the court's assessment, it appears that under California law, a court could potentially order the defendant hospital to disclose the identity and affiliation of the person who improperly disclosed the medical records, especially if that information is deemed relevant to the plaintiff's claims and is not outweighed by other considerations.