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Summary:

The confidentiality of information under (c) shall be maintained. Information under (c) shall only be used for the following purposes: to provide immunization services to the patient or client, to provide third-party payer immunization payments, to compile and distribute statistical information (without identifying information), and as physicians are authorized by Division 1, Part 2.6 of the Civil Code.

Summary:

A clinical laboratory shall report all CD4+ T-Cell test results that are possibly related to an HIV infection to the local health officer within seven days of the completion of the CD4+ T-Cell test. If provided by the ordering health care provider, the lab report shall include: the patient's name, date of birth, and gender. The local health officer shall inspect each CD4+ T-Cell test report to determine if the test is related to a case of HIV infection. If the test result is related to a case of HIV infection, the local health officer shall report the case of HIV infection or AIDS to the State Department of Public Health within 45 days of receipt of the laboratory report. If the clinical laboratory CD4+ T-Cell test result is not related to a case of HIV infection, the local health officer shall destroy the laboratory CD4+ T-Cell test report. CD4+ T-Cell test reports shall not be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding; and shall be consi

Summary:

(c) Except as provided in paragraphs (1) to (3), inclusive, any disclosure authorized by subdivision (a) or (b) shall include only the information necessary for the purpose of that disclosure and shall be made only upon agreement that the information will be kept confidential and will not be further disclosed without written authorization, as described in subdivision (a). (1) Notwithstanding any other provision of law, the following disclosures shall be authorized for the purpose of enhancing completeness of HIV/AIDS, tuberculosis, and sexually transmitted disease coinfection reporting to the federal Centers for Disease Control and Prevention (CDC): (A) The local public health agency HIV surveillance staff may further disclose the information to the health care provider who provides HIV care to the HIV-positive person who is the subject of the record for the purpose of assisting in compliance with subdivision (a) of Section 121022. (B) Local public health agency tuberculosis control staff may further disclose the information to state public health agency tuberculosis control staff, who may further disclose the information, without disclosing patient identifying information, to the CDC, to the extent the information is requested by the CDC and permitted by subdivision (b), for purposes of the investigation, control, or surveillance of HIV and tuberculosis coinfections. (C) Local public health agency sexually transmitted disease control staff may further disclose the information to state public health agency sexually transmitted disease control staff, who may further disclose the information, without disclosing patient identifying information, to the CDC, to the extent it is requested by the CDC, and permitted by subdivision (b), for the purposes of the investigation, control, or surveillance of HIV and syphilis, gonorrhea, or chlamydia coinfection. (2) Notwithstanding any other provision of law, the following disclosures shall be authorized for the purpose of facilitating appropriate HIV/AIDS medical care and treatment: (A) State public health agency HIV surveillance staff, AIDS Drug Assistance Program staff, and care services staff may further disclose the information to local public health agency staff, who may further disclose the information to the HIV-positive person who is the subject of the record, or the health care provider who provides his or her HIV care, for the purpose of proactively offering and coordinating care and treatment services to him or her. (B) AIDS Drug Assistance Program staff and care services staff in the State Department of Public Health may further disclose the information directly to the HIV-positive person who is the subject of the record or the health care provider who provides his or her HIV care, for the purpose of proactively offering and coordinating care and treatment services to him or her. (C) Local public health agency staff may further disclose acquired or developed information to the HIV-positive person who is the subject of the record or the health care provider who provides his or her HIV care for the purpose of proactively offering and coordinating care and treatment services to him or her. (3) Notwithstanding any other provision of law, for the purpose of facilitating appropriate medical care and treatment of persons coinfected with HIV, tuberculosis, and syphilis, gonorrhea, or chlamydia, local public health agency sexually transmitted disease control and tuberculosis control staff may further disclose the information to state or local public health agency sexually transmitted disease control and tuberculosis control staff, the HIV-positive person who is the subject of the record, or the health care provider who provides his or her HIV, tuberculosis, and sexually transmitted disease care. (4) For the purposes of paragraphs (2) and (3), “staff” shall not include nongovernmental entities, but shall include state and local contracted employees who work within state and local public health departments. Exceptions: disclosures authorized (1) for the purpose of enhancing completeness of HIV/AIDS, tuberculosis, and sexually transmitted disease coinfection reporting to the federal Centers for Disease Control and Prevention (CDC); (2) to facilitate appropriate HIV/AIDS medical care and treatment; (3) to facilitate appropriate medical care and treatment of persons coinfected with HIV, tuberculosis, and any STD(s), the local public health agency STD and tuberculosis control staff may further disclose the information to (i) the state or local public health agency staff, (ii) the HIV-positive person who is the subject of the record, or (iii) the health care provider who provides his or her HIV, tuberculosis, and sexually transmitted disease care.

Summary:

Safe-surrender site personnel must ensure a medical screening exam and any necessary medical care is provided to child and notify child protective services within 48 hours of obtaining physical custody of the child, and provide any medical information obtained pertinent to the child's health. No consent is required to provide the child with medical care. Any personal identifying information that pertains to a parent or individual who surrenders a child is confidential and shall be exempt from disclosure by child protective services under the Public Records Act but the parent or relative may be contacted in the event the child suffers a life-threatening event that could benefit from a relative participating in the treatment.

Summary:

OSHPD shall collect the following health facility or clinical data for use by all state agencies: data required as per 127285, data required in Medi-Cal cost reports, and data items formerly required by CHFC. Information collected under 128735(g), 128736, and 128737 shall be available to the Department of Health Services and the Department shall ensure that the patient's rights to confidentiality are preserved.

Summary:

The California Health and Human Services Agency, one of its departments, or a state-designated entity shall execute tasks related to funds from the American Recovery and Reinvestment Act of 2009 for health information technology and exchange; and facilitate and expand the use and disclosure of health information electronically among organizations according to nationally recognized standards and implementation specifications while protecting, to the greatest extent possible, individual privacy and the confidentiality of electronic medical records.

Summary:

In order for the ombudsman office to carry out its duties, the office shall have access to the medical or personal records of a patient or resident that are retained by the long-term care facility under the following conditions: (a) with written consent of the patient/resident if they have the ability to write, (b) with oral consent of the patient with third party witness, (c) with permission of guardian or conservator unless such person is unknown, cannot be reached within 3 working days, or there is reason to believe that such person is not acting in the best interests of the patient.

Summary:

The section provides immunity to consultants who communicate with the Director of the Department of Managed Health Care for the purpose of determining whether health care services are being provided in accordance with the Knox-Keene Act of 1975. Nothing in the code section alters existing laws regarding the confidentiality of medical records.

Summary:

All people have an inalienable right to privacy, although there are situations in which the individual's right to privacy is limited by certain conditions. Cases specify that 1) a defendant in §1983 civil rights action cannot rely on privacy right to withhold medical records from treating physician contained in worker's compensation file; 2) crime victim's privacy to medical records must be balanced against defendant's Sixth Amendment right to cross-examination;3) health plan's disclosure to attorneys of medical information of patients contemplating or making medical malpractice claims did not violate right to privacy; 4) sperm donor non-identifying medical information can be released to sperm purchaser (parents, child); 5) intercollegiate drug testing monitoring by urine tests OK because student's privacy interests reduced by voluntary participation in sport.)

Keywords:
judicial
Summary:

The retirement board of a public pension or retirement system shall administer the system to deliver benefits and services to beneficiaries and participants. In CA. Op. Atty. Gen. No. 04-408 (February 23, 2005), the Attorney General concluded that a county retirement board may meet in closed session to discuss and evaluate medical records submitted in connection with an employee's application for a disability retirement.

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