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Summary:

CalOHii shall assume responsibilities for determining which provisions of state law concerning personal medical information are preempted by HIPAA. State entities impacted by HIPAA shall assist in determining which state laws concerning personal medical information are preempted by HIPAA and conform to all determinations made by the office regarding HIPAA. Any provision of state law pertaining to personal health information that is determined to be preempted by HIPAA shall not be applicable to the extent of that preemption.

Keywords:
federal-state, agency
Summary:

For purposes of Sections 1280.17, 1280.18, 1280.19, and 1280.20, the following definitions apply: (a) "Department" means the State Department of Public Health. (b) "Director" means the State Public Health Officer. (c) "Medical information" means the term as defined in Section 56.05 of the Civil Code. (d) "Provider of health care" means the term as defined in Sections 56.05 and 56.06 of the Civil Code. (e) "Unauthorized access" means the inappropriate review or viewing of patient medical information without a direct need for diagnosis, treatment, or other lawful use as permitted by the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code) or by other statutes or regulations governing the lawful access, use, or disclosure of medical information.

Summary:

Upon referral, CalCalOHii may assess an administrative fine against any person or provider of health care (except clinics, health facilities, hospices or agencies as defined) as provided in Civil Code section 56.36(b) and (c),

Summary:

Every provider of health care shall establish and implement appropriate administrative, technical, and physical safeguards to protect the privacy of patient's medical information. Every provider of health care shall reasonably safeguard confidential medical information from any unauthorized access or unlawful access, use, or disclosure.

Summary:

CalCalOHii director may send a recommendation for further investigation or discipline for a violation of this division to the licensee's relevant licensing authority.

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