Welf. & Inst. Code 5328.9
Summary:
If a patient applies for employment and such employer requires the patient's hospital records, the records shall be forwarded (at the patient's request) to a qualified physician or psychiatrist representing the employer. Physician or administrative officer responsible for the patient may refuse to disclose records if they find that such disclosure is contrary to the patient's best interests. Physician must notify the patient within five days of such refusal to disclose. If disclosure to the patient himself would not be in the patient's best interest, the physician must give a formal notice of such decision to the superior court of jurisdiction.
Data Origin:
Physician, psychiatrist Parties Bound:
Physician, administrative officers Subject Conferred Legal Right of Action:
Welf. & Inst. Code 5330: Any person may bring an action against an individual who willfully and knowingly released confidential information or records in violation of this chapter for the larger of either $10,000 or three times the amount of actual damages, if any, sustained by the plaintiff. For negligent release of such information and records: either $1000 or the amount of actual damages, if any, sustained by plaintiff. Plaintiff shall also recover court costs and reasonable attorney's fees. Associated Federal Law(s):
Uses and disclosures: Organizational requirements : Group health plans must ensure that the plan documents restrict uses and disclosures of protected health information by the plan sponsor.
Associated Federal Law(s):
Access of individuals to protected health information : Right of access: an individual has a right of access to inspect and obtain a copy of protected health information about the individual in a designated record set.