In assessing the civil penalty for a violation, all relevant facts shall be considered, including patient's medical, mental and physical condition and her history of mental disability.
Any person whose confidential information section of a birth certificate is released to a person not listed under 102430(a) and has reason to believe such information can be linked with his or her identity, has a right of civil action against the person releasing the information and may seek punitive damages.
Upon referral, CalCalOHii may assess an administrative fine against any person or provider of health care (except clinics, health facilities, hospices or agencies as defined) as provided in Civil Code section 56.36(b) and (c),
(a) any negligent disclosure of an HIV test to any third party that provides personal identifying information without written consent or within exceptions, shall be assessed a civil penalty of not more than $2500 and court costs. (b) Any willful or malicious disclosure shall be assessed a civil penalty of $5000 to $10,000 plus court costs.
If a clinic, health facility, home health agency, or hospice fails to report any unlawful or unauthorized access to, use or disclosure of a patient's medical information to the Department of Public Health or to the affected patient, the department may assess the licensee a penalty in the amount of one hundred dollars ($100) for each day that the unlawful or unauthorized access is not reported, following the initial five-day period. The total combined penalty assessed by the department shall not exceed two hundred fifty thousand dollars ($250,000) per reported event.
The Director of the Department of Managed Health Care may suspend or revoke any license issued to a health care service plan or assess administrative penalties if the licensee has committed any of the acts or omissions constituting grounds for disciplinary action, including (1) violating the Confidentiality of Medical Information Act or (2) violating the legal requirements for post-stabilization care, which includes providing relevant information reasonably necessary for the health care service plan to authorize post-stabilization care or assume management of the patient's care by prompt trans
