The privacy of an individual's medical information is an important aspect when building trust between a patient and his or her medical provider. The California Confidentiality of Medical Information Act, Civil Code §56 et seq. (“CMIA”) has been established to help keep patients' medical records private and confidential. The CMIA prohibits unauthorized dissemination of individually identifiable medical information. If a provider violates this law an individual can bring a private right of action. This differs from HIPAA which does not provide a private right of action.
It is important for all individuals to ensure that their private medical information does not end up in the wrong hands. The CMIA provides limits on who can access and view their medical information. The CMIA further limits who the medical information can be provided to. This may include, but is not limited to, an unauthorized family member, co-worker, or neighbor.
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It is important to maintain the confidentiality of one's medical records and this California state law was implemented to do just that. If you live in California and believe your private medical information has been exposed to an unauthorized third party without your consent, please feel free to give our office a call to discuss further.