2009 California Civil Code - Section 56.27-56.31 :: Chapter 6. Relationship To Existing Law

CIVIL CODE
SECTION 56.27-56.31

56.27.  An employer that is an insurance institution, insurance
agent, or insurance support organization subject to the Insurance
Information and Privacy Protection Act, Article 6.6 (commencing with
Section 791) of Part 2 of Division 1 of the Insurance Code, shall not
be deemed to have violated Section 56.20 by disclosing medical
information gathered in connection with an insurance transaction in
accordance with that act.

56.28.  Nothing in this part shall be deemed to affect existing laws
relating to a patient's right of access to his or her own medical
information, or relating to disclosures made pursuant to Section 1158
of the Evidence Code, or relating to privileges established under
the Evidence Code.

56.29.  (a) Nothing in Chapter 1 (commencing with Section 1798) of
Title 1.8 of Part 4 of Division 3 shall be construed to permit the
acquisition or disclosure of medical information regarding a patient
without an authorization, where the authorization is required by this
part.
   (b) The disclosure of medical information regarding a patient
which is subject to subdivision (b) of Section 1798.24 shall be made
only with an authorization which complies with the provisions of this
part. Such disclosure may be made only within the time limits
specified in subdivision (b) of Section 1798.24.
   (c) Where the acquisition or disclosure of medical information
regarding a patient is prohibited or limited by any provision of
Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
Division 3, the prohibition or limit shall be applicable in addition
to the requirements of this part.

56.30.  The disclosure and use of the following medical information
shall not be subject to the limitations of this part:
   (a) (Mental health and developmental disabilities) Information and
records obtained in the course of providing services under Division
4 (commencing with Section 4000), Division 4.1 (commencing with
Section 4400), Division 4.5 (commencing with Section 4500), Division
5 (commencing with Section 5000), Division 6 (commencing with Section
6000), or Division 7 (commencing with Section 7100) of the Welfare
and Institutions Code.
   (b) (Public social services) Information and records that are
subject to Sections 10850, 14124.1, and 14124.2 of the Welfare and
Institutions Code.
   (c) (State health services, communicable diseases, developmental
disabilities) Information and records maintained pursuant to former
Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of
the Health and Safety Code and pursuant to the Communicable Disease
Prevention and Control Act (subdivision (a) of Section 27 of the
Health and Safety Code).
   (d) (Licensing and statistics) Information and records maintained
pursuant to Division 2 (commencing with Section 1200) and Part 1
(commencing with Section 102100) of Division 102 of the Health and
Safety Code; pursuant to Chapter 3 (commencing with Section 1200) of
Division 2 of the Business and Professions Code; and pursuant to
Section 8608, 8817, or 8909 of the Family Code.
   (e) (Medical survey, workers' safety) Information and records
acquired and maintained or disclosed pursuant to Sections 1380 and
1382 of the Health and Safety Code and pursuant to Division 5
(commencing with Section 6300) of the Labor Code.
   (f) (Industrial accidents) Information and records acquired,
maintained, or disclosed pursuant to Division 1 (commencing with
Section 50), Division 4 (commencing with Section 3200), Division 4.5
(commencing with Section 6100), and Division 4.7 (commencing with
Section 6200) of the Labor Code.
   (g) (Law enforcement) Information and records maintained by a
health facility which are sought by a law enforcement agency under
Chapter 3.5 (commencing with Section 1543) of Title 12 of Part 2 of
the Penal Code.
   (h) (Investigations of employment accident or illness) Information
and records sought as part of an investigation of an on-the-job
accident or illness pursuant to Division 5 (commencing with Section
6300) of the Labor Code or pursuant to Section 105200 of the Health
and Safety Code.
   (i) (Alcohol or drug abuse) Information and records subject to the
federal alcohol and drug abuse regulations (Part 2 (commencing with
Section 2.1) of subchapter A of Chapter 1 of Title 42 of the Code of
Federal Regulations) or to Section 11977 of the Health and Safety
Code dealing with narcotic and drug abuse.
   (j) (Patient discharge data) Nothing in this part shall be
construed to limit, expand, or otherwise affect the authority of the
California Health Facilities Commission to collect patient discharge
information from health facilities.
   (k) Medical information and records disclosed to, and their use
by, the Insurance Commissioner, the Director of the Department of
Managed Health Care, the Division of Industrial Accidents, the
Workers' Compensation Appeals Board, the Department of Insurance, or
the Department of Managed Health Care.

56.31.  Notwithstanding any other provision of law, nothing in
subdivision (f) of Section 56.30 shall permit the disclosure or use
of medical information regarding whether a patient is infected with
or exposed to the human immunodeficiency virus without the prior
authorization from the patient unless the patient is an injured
worker claiming to be infected with or exposed to the human
immunodeficiency virus through an exposure incident arising out of
and in the course of employment.


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