Violations of Medical Confidentiality Laws

Civil Code Division 1, Part 2.6 deals with the confidentiality of medical information in California. Chapter 7 deals with violations of those laws.

Section 56.35 provides that a patient whose medical information has been used or disclosed in violation of law and who has sustained economic loss or personal injury therefrom may recover compensatory damages, punitive damages not to exceed $3,000, attorney’s fees not to exceed $1,000, and the costs of litigation.

Section 56.36 provides that a violation of the provisions of this part that results in economic loss or personal injury to a patient is punishable as a misdemeanor. An individual may bring an action against a person or entity who has negligently released confidential information or records concerning him or her in violation of this part, for either or both of the two specified provisions.

A licensed health care professional who knowingly and willfully obtains, discloses, or uses medical information in violation of this part is liable on a first violation for an administrative fine or civil penalty not to exceed $2,500 per violation, on a second violation for an administrative fine or civil penalty not to exceed $10,000 per violation, or on a third and subsequent violation for an administrative fine or civil penalty not to exceed $25,000 per violation.

 This subdivision is not to be construed to limit the liability of a health care service plan, a contractor, or a provider of health care that is not a licensed health care professional for a violation of this part. In assessing the amount of an administrative fine or civil penalty, the State Department of Public Health, licensing agency, or certifying board or court is required to consider any of the relevant circumstances presented by any of the parties to the case including eight specified items of information. The defendant is entitled to an affirmative defense if all of the nine conditions are established.

Section 56.37 states that no provider of health care, health care service plan, or contractor may require a patient, as a condition of receiving health care services, to sign an authorization, release, consent, or waiver that would permit the disclosure of medical information that otherwise may not be disclosed under any provision of law.