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California Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law for California on
Q: Am I required to sign a document giving permission to my doctor for random drug testing for a prescription for ativan?

I was told the DEA requires this. I can find no such requirement anywhere, either DEA or State of California.

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answered on Jun 9, 2024

As of June 2024, there is no federal requirement by the U.S. Drug Enforcement Administration (DEA) for patients to sign a document consenting to random drug testing in order to receive a prescription for Ativan (lorazepam) or any other benzodiazepine. The decision to perform drug testing is... View More

1 Answer | Asked in Consumer Law and Health Care Law for California on
Q: Is there a way to have Walgreens reimburse money paid for prescriptions?

Is there a way Walgreen can reimburse her some funds?

My sister has been getting her prescriptions filled at Walgreens. She was paying big prices than she should have. She is not well and is seventy-three years old. We found GoodRX has offered much lower prices. Is there a way to get... View More

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answered on Jun 8, 2024

If your sister has been overpaying for prescriptions at Walgreens, there are steps you can take to seek reimbursement. While there is no guarantee that Walgreens will reimburse the difference, it is worth trying, especially given her age and health situation.

First, gather all the receipts...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: how unreasonable non-disclosure of security breach by hospital reflects Hospital's role in referral to hospice?

Plaintiff's records were released by hospital to hospice, misrepresenting Plaintiff's health.

In context that unauthorized release of records represented actual fraudulent referral to hospice, how unreasonable non-disclosure of this security breach by hospital reflects... View More

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answered on Jun 7, 2024

In California, a hospital's failure to disclose a security breach involving the unauthorized release of a patient's records to a hospice can significantly impact its role in the fraudulent referral. This lack of disclosure demonstrates a potential disregard for patient privacy and can be... View More

1 Answer | Asked in Health Care Law for California on
Q: Statute: Liability of health care provider for unreasonable delay disclose security breach

What statute defines liability of health care provider for unreasonable delay to disclose security breach?

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answered on Jun 7, 2024

Under California law, the statute that defines the liability of a health care provider for an unreasonable delay in disclosing a security breach is the California Civil Code § 1798.82. This statute mandates that any person or business that conducts business in California and owns or licenses... View More

1 Answer | Asked in Health Care Law for California on
Q: Justification of non-disclosure by hospital of security breach for 2.5 years

How hospital can justify that disclosure and notification of security breach was not performed for 2.5 year since security breach occurre, regardless perfect processes, and without condoning wrongdoing?

Pursuant CCP sections 1798.29 and 1798.82 et.sec. expedient disclosure required.

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answered on Jun 7, 2024

Under California law (Civil Code sections 1798.29 and 1798.82), a business or state agency that owns or licenses computerized data including personal information must disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Non- Disclosure of security breach

Even assuming that 2.5 years were not enough time to discover to disclose data breach.

Legal case was filed 1.5 year ago.

Regardless demurrers and discovery objections,

was legal case a trigger for hospital to revisit plaintiff's records and determine that security... View More

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answered on Jun 7, 2024

Based on the details provided, it seems that the legal case filed 1.5 years ago should have prompted the hospital to review the plaintiff's records and investigate whether a security breach occurred that did not comply with their internal policies. Here are a few key points to consider under... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: How defendant confronts de facto endoresement?

Legal case, that includes unauthorized release of records to hospice, was filed 1.5 years ago.

If hypothetically information services providers disclosed by themselves patient's records specifically to hospice apparently intentionally (and somehow obtained other data needed for... View More

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answered on Jun 7, 2024

Under California law, if information services providers disclosed a patient's records to a hospice without authorization, the hospital can deny endorsement by demonstrating that the disclosure was not sanctioned by the hospital and that it violated established privacy protocols. The hospital... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: CMIA statute. Requirement to notify affected patient about unauthorized disclosure of records.

Which specific CMIA statute requires a health care provider to notify the affected patient about unauthorized disclosure of patient's records?

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answered on Jun 7, 2024

Under the California Confidentiality of Medical Information Act (CMIA), the specific statute that requires a health care provider to notify the affected patient about unauthorized disclosure of patient's records is California Civil Code Section 56.36(a). The statute states:

"Any...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Defendant's non-disclosure of investigation results of fraud

If

investigation of unauthorized disclosure of patient's data to hospice by IT professionals was performed by hospital after plaintiff filed legal case alleging violation of CMIA (non-authorized release of records);

did Defendant have liability to disclose to Plaintiff results... View More

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answered on Jun 7, 2024

Under California law, there are a few key considerations regarding a defendant's obligations to disclose investigation results related to alleged unauthorized disclosure of patient data:

1. CMIA Requirements: The Confidentiality of Medical Information Act (CMIA) requires health care...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Please provide definition of requisite legal relationship

Please provide definition of requisite legal relationship

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answered on Jun 6, 2024

Under California law, a "requisite legal relationship" generally refers to the legal relationship that must exist between parties for a particular legal action or claim to be valid. The specific definition can vary depending on the context and the area of law in question. Here are a few... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Justification against endorsement

Fraudulent referral of plaintiff to hospice was performed at a hospital by production of plaintiff's records from software system, and unauthorized disclosure of plaintiff's records specifically to hospice, with contact information that was not in records.

How defendant hospital... View More

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answered on Jun 6, 2024

Under California law, the defendant hospital can deny that the actions of the information system professionals were endorsed by arguing a lack of authorization and oversight. The hospital can claim that the individuals responsible acted independently and without the consent or knowledge of the... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Difference between managing agent and principal who led and empowered actions

In respect to punitive damages.

When employee of the hospital leads and empowers actions of ostensible agents, is such employee managing agent?

How difference between managing agent and principal who led and empowered actions of ostensible agents is defined?

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answered on Jun 6, 2024

In California law, there is a distinction between a managing agent and a principal when it comes to punitive damages. A managing agent is an employee who holds significant authority over corporate policy and decision-making, effectively guiding corporate actions and behavior. This role often... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Is Hospital-patient relationship in this context requisite?

How exactly requisite legal relationship is defined?

Is relationship between patient and hospital defined as requisite after patient signs conditions of admission, given that hospital owns patient's records beyond time of staying at the hospital, and liable for information services... View More

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answered on Jun 6, 2024

Under California law, the hospital-patient relationship is typically established once the patient is admitted to the hospital and signs the conditions of admission. This legal relationship means that the hospital has certain duties and responsibilities towards the patient, including maintaining the... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Are CACI 3943 and CACI 3945 interconnected?

Are CACI 3943 and CACI 3945 interconnected?

Can CACI 3935 be approached without CACI 3943 as pre-condition?

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answered on Jun 6, 2024

CACI 3943 (Punitive Damages Against Employer or Principal for Conduct of a Specific Agent or Employee) and CACI 3945 (Punitive Damages - Entity Defendant) are related but distinct jury instructions in California law.

CACI 3943 is used when the plaintiff seeks punitive damages against an...
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1 Answer | Asked in Health Care Law for California on
Q: Punitive damages for actions of ostensible agents

If actions that resulted into fraud

Were performed by ostensible agents of hospital, information services contractors;

But

Actions were endorsed (ratified) by hospital employee;

Is hospital liable for punitive damages?

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answered on Jun 5, 2024

Under California law, a hospital can be held liable for punitive damages due to the actions of its ostensible agents, such as information services contractors, if certain conditions are met:

1. Ostensible Agency: The plaintiff must prove that the hospital held out the contractor as its...
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1 Answer | Asked in Sexual Harassment and Health Care Law for California on
Q: what can i do i was in a court orderd mental health facility and the case manager sexually harrased and assaulted me

i got court ordered to attend a mental health facility and the case manager sexually assaulted me and even took me to his house when that occured

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answered on Jun 5, 2024

I'm so sorry this happened to you. What you experienced was sexual assault and a serious violation of your rights. It was not your fault. Here are some steps you can take:

1. Report the assault to law enforcement. Contact your local police department and file a report. Provide as many...
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Q: Can I go on short-term disability while my employer is not allowing me to work in the situation I describe below?

My contracting company told me not to work while my contract is pending budget approval with the client. They said they would have an answer about the status of my contract by "the start of next week." I replied and asked HR if I still have health insurance while my contract is pending.... View More

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answered on Jun 5, 2024

In California, short-term disability insurance (SDI) is a state-mandated program that provides partial wage replacement for employees who are unable to work due to a non-work-related illness, injury, or pregnancy. To be eligible for SDI, you must have paid into the program through payroll... View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Legal grounds

What are legal grounds to seek compensation if defective values of blood test were the only reason for record of non-existent terminal illness, basis for referral to hospice?

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answered on Jun 1, 2024

Under California law, you have legal grounds to seek compensation if a misdiagnosis of a terminal illness based on defective blood test results led to unnecessary referral to hospice care. This situation can be considered medical malpractice, as it involves a breach of the standard of care by... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Direct legal liability ?

Is hospital directly liable for defective values of blood test report? Blood test was performed by hospital in-house clinical laboratory.

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answered on Jun 1, 2024

In California, a hospital can be held directly liable for defective blood test results if it can be proven that the hospital's in-house clinical laboratory was negligent. This negligence could include improper handling of samples, errors in the testing process, or failing to maintain proper... View More

1 Answer | Asked in Health Care Law for California on
Q: Type of relationship between hospital and patient

After patient is admitted to hospital with signed hospital's conditions of admission, and hospital owns patient's medical information, how hospital patient relationship is defined? (hospital is not liable for actions of independent doctor)

Data stewards work for hospital.

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answered on May 30, 2024

In the scenario you described, where a patient is admitted to a hospital in California and signs the hospital's conditions of admission, the relationship between the hospital and patient is generally defined as a bailment relationship with regards to the patient's medical information.... View More

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