Civil Code 56.36(c)(2)(B) (1981, amended by AB 211, 2008)
Summary:
Sets forth the scope of liability against any licensed health care professional, who knowingly and willfully obtains, discloses, or uses medical information of the plaintiff. This subdivision does not limit the liability of a health care service plan, a contractor, or a provider of health care that is not a licensed health care professional for any violation of this section.
Statutory Scheme:
California Medical Information Act(CMIA)Parties Bound:
Any licensed health care professional California Penalty:
First violation: administrative fine or civil penalty not to exceed $2,500 per violation; Second violation: administrative fine or civil penalty not to exceed $10,000 per violation; Third and subsequent violation: administrative fine or civil penalty not to exceed $25,000 per violation Associated Federal Law(s):
Improved enforcement : Tiered increase in amount of civil penalties
Associated Federal Law(s):
Application of Privacy Provisions and Penalties to Business Associates of Covered Entities : HIPAA restrictions apply to a business associate to same extent as they do to a covered entity.