Insurance Code 799.10 (1989; amended 1996)
Summary:
Unless pursuant to a written authorization, negligent or willful disclosure of HIV antibody test results to any third party is subject to a civil penalty.
California Penalty:
civil and criminal liability for unauthorized disclosure: civil penalty in an amount not to exceed one thousand dollars ($1,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test for negligent disclosure; willful disclosure civil penalty in an amount not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test. If willful or negligent disclosure results in economic, bodily, or psychological harm to the subject of the test, is guilty of a misdemeanor punishable by imprisonment in the county jail for a period not to exceed one year, by a fine of not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment. Associated Federal Law(s):
Uses and disclosures for which an authorization is required : Authorization is generally required for use or disclosure of protected health information. Exceptions (listed).