Welf. & Inst. Code 14100.2(d) (1980; amended by AB 2300, 2008)

Summary:

Confidential information as listed under Welfare and Institutions Code 14100.2(b) must be disclosed to the Joint Legislative Audit Committee and the State Auditor. The LAC and the State Auditor may use the information for the purposes of auditing or investigating the Medi-Cal program, Chapter 8, or 8.7. In the event of such authorized disclosures the information shall not be used for commercial or political purposes and the identity of applicants and recipients shall not be disclosed, except in criminal or civil proceeding connected with the administration of the Medi-Cal program.

Keywords:
agency information sharing, government benefits, law enforcement, redacted records, investigations, marketing
Data Origin: 
agencies
Parties Bound: 
officers, agents, or employees of the Department of Health Services or any public agency; Joint Legislative Audit Committee; State Auditor
California Penalty: 
Welfare and Institutions Code 14100.2(h): Any person who knowingly releases or possesses confidential information concerning persons who have applied for or who have been granted any form of Medi-Cal benefits or benefits under prepaid health plans or adult day health care programs for which state or federal funds are made available is guilty of a misdemeanor.
Associated Federal Law(s): 
164.512(a)
Uses and disclosures for which an authorization or opportunity to agree or object is not required : uses and disclosures required by law
Associated Federal Law(s): 
164.512(d)(1)(i)
Uses and disclosures for which an authorization or opportunity to agree or object is not required : for oversight of the health care system, including investigations, disciplinary actions
Associated Federal Law(s): 
164.514(a)
Other requirements relating to uses and disclosures of protected health information : De-identified records are not individually identifiable information for purposes of the privacy rule
Associated Federal Law(s): 
164.512(f)
Uses and disclosures for which an authorization or opportunity to agree or object is not required : law enforcement purposes
Associated Federal Law(s): 
164.502(b)
Uses and disclosures of protected health information: general rules : Minimum necessary - covered entity must make reasonable efforts to limit the use/disclosure of protected health information to the minimum necessary to accomplish the intended purpose of the use, disclosure, or request; exceptions.