Bill Text: CA AB2703 | 2015-2016 | Regular Session | Amended

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Bill Title: Medical confidentiality: authorizations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2703 Detail]

Download: California-2015-AB2703-Amended.html

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BILL NUMBER: AB 2703	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Member Linder

                        FEBRUARY 19, 2016

   An act to amend Section 56.11 of the Civil Code, relating to
medical confidentiality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2703, as amended, Linder. Medical confidentiality:
authorizations.
   Existing law requires a person or entity that wishes to obtain
medical information from a provider of health care, health care
service plan, or contractor regarding a patient of the provider of
health care, or an enrollee or subscriber of a health care service
plan, to obtain a valid authorization for the release of the
information,  as specified.   a requirement for
which is that the authorization is handwritten by the person who
signs it or is in typeface no smaller than 14-point type. 
   This bill would  make technical, nonsubstantive changes to
those provisions. This bill would also delete obsolete
cross-references.   also allow the authorization to be
an electronic equivalent of the required type face. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 56.11 of the Civil Code is amended to read:
   56.11.  A person or entity that wishes to obtain medical
information pursuant to subdivision (a) of Section 56.10, other than
a person or entity authorized to receive medical information pursuant
to subdivision (b) or (c) of Section 56.10, except as provided in
paragraph (21) of subdivision (c) of Section 56.10, shall obtain a
valid authorization for the release of this information.
   An authorization for the release of medical information by a
provider of health care, health care service plan, pharmaceutical
company, or contractor shall be valid if it:
   (a) Is handwritten by the person who signs it or is in a typeface
no smaller than 14-point  type.   type or the
electronic equivalent. However, an authorization form provided by a
federal government agency need not comply with the font size
requirement. 
   (b) Is clearly separate from any other language present on the
same page and is executed by a signature that serves no other purpose
than to execute the authorization.
   (c) Is signed and dated by one of the following:
   (1) The patient. A patient who is a minor may only sign an
authorization for the release of medical information obtained by a
provider of health care, health care service plan, pharmaceutical
company, or contractor in the course of furnishing services to which
the minor could lawfully have consented.
   (2) The legal representative of the patient, if the patient is a
minor or an incompetent. However, authorization may not be given
under this subdivision for the disclosure of medical information
obtained by the provider of health care, health care service plan,
pharmaceutical company, or contractor in the course of furnishing
services to which a minor patient could lawfully have consented.
   (3) The spouse of the patient or the person financially
responsible for the patient, where the medical information is being
sought for the sole purpose of processing an application for health
insurance or for enrollment in a nonprofit hospital plan, a health
care service plan, or an employee benefit plan, and where the patient
is to be an enrolled spouse or dependent under the policy or plan.
   (4) The  beneficiary or   beneficiary, 
personal  representative  representative, 
 or surviving spouse  of a deceased  patient.
  patient  . 
   (d) States the specific uses and limitations on the types of
medical information to be disclosed.
   (e) States the name or functions of the provider of health care,
health care service plan, pharmaceutical company, or contractor that
may disclose the medical information.
   (f) States the name or functions of the persons or entities
authorized to receive the medical information.
   (g) States the specific uses and limitations on the use of the
medical information by the persons or entities authorized to receive
the medical information.
   (h) States a specific date after which the provider of health
care, health care service plan, pharmaceutical company, or contractor
is no longer authorized to disclose the medical information.
   (i) Advises the person signing the authorization of the right to
receive a copy of the authorization.