Every professional liability insurer to a licensed health care provider shall send a complete report to the pertinent board as to any settlement/arbitration award over three thousand dollars of a claim or action for damages for death or personal injury caused by that license holder's negligence, error, or omission in practice, or by his or her rendering of unauthorized professional services.
Every professional liability insurer of dentists shall send a complete report to the Dental Board of California as to any settlement or arbitration award over ten thousand dollars of a claim or action for damages for death or personal injury caused by that person's negligence, error, or omission in practice, or rendering of unauthorized professional services.
Every professional liability insurer, self-insured governmental agency, or licensee (or counsel) must file a complete report of any settlement or arbitration award over $30,000 emanating from a claim for death or personal injury caused by the licensee's alleged negligence, error, or omission in practice, or by his or her rendering of unauthorized professional services, if the license was granted by either the Medical Board of California, the Osteopathic Medical Board of California, or the California Board of Podiatric Medicine.
If the Medical Board of California, the Osteopathic Medical Board of California, or the California Board of Podiatric Medicine, within 60 days of its receipt of a mandatory settlement report, notifies a person named in the report, that person shall maintain for the period of three years from the date of filing of the report any records he or she has as to the matter in question and shall make those records available upon request to the board.
Anyone who discloses an individual's nonpublic personal information maintained by a government agency is subject to civil action and penalties by the individual.
Every professional liability insurer, self-insured governmental agency, or licensee or his or her counsel that has received a copy of a patient's medical or hospital records must include with the liability settlement report (to be sent to the Board that licensed the licensee, i.e. the Medical Board of California, the Osteopathic Medical Board of California, or the California Board of Podiatric Medicine) copies of the records and depositions.
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.
