Health & Safety Code 121025(a) (2006)
Summary:
HIV or AIDS related public health records containing personally identifying information, developed or acquired by public health agencies shall be confidential and not disclosed except as otherwise provided by law for public health purposes or with written authorization from the person who is the subject of the record or their guardian or conservator.
Parties Bound:
Public health agencies and employees California Penalty:
Health & Safety Code 121025(e): (1): Negligent disclosures of confidential public health record are subject to a civil penalty not to exceed $2500 plus any court costs. (2) Willful or malicious disclosures are subject to a civil penalty of not less than $5,000 and not more than $10,000 plus court costs. (c) Persons willfully or maliciously disclosing information in a confidential public health record is guilty of a misdemeanor, punishable by imprisonment in the county jail for not more than one year or a fine of not more than $25,000 or both, plus court costs. (4) Any person violating (1), (2), or (3) shall be liable to person whose information was disclosed for actual damages arising from such disclosure. 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).
Associated Federal Law(s):
Other requirements relating to uses and disclosures of protected health information : Requirements for de-identification of protected health information (a covered entity may determine that health information is not individually identifiable health information)