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.
In addition to any other remedies available at law, a patient whose medical information has been used or disclosed in violation of (specified provisions) and who has sustained economic loss or personal injury therefrom may recover damages, attorney's fees and the costs of litigation.
Sets forth the scope of liability against any person or entity, other than a licensed health care professional, who knowingly and willfully obtains, discloses, or uses medical information of the plaintiff.
Sets forth the scope of liability against any person or entity, other than a licensed health care professional, who knowingly or willfully obtains or uses medical information of the plaintiff for financial gain.
Provides civil penalties for willful or negligent disclosure of results of a test for a genetic characteristic that are contained in the medical record of an applicant or enrollee of a health care service plan
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 for financial gain. 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.
Sets forth the scope of liability against any person or entity who is not permitted to receive medical information and who knowingly and willfully obtains, discloses, or uses medical information without written authorization from the patient.
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.
