Confidentiality & Security: Protecting and Releasing Health Information in California
CHIA Product Code: PUB526.2020
Publisher: California Health Information Association (CHIA)
Published: October 2020
This publication is designed to inform health information management and other health care professionals about the HIPAA privacy and security rules that include the California Preemption rules. It will go a long way towards familiarizing the reader with the new world of health information confidentiality, as governed by HIPAA and California state law.
CLICK HERE to download sample pages.
In 2003, the rules governing the release of health information became an amalgam of HIPAA and California confidentiality law. Under the ’’preemption’’ doctrine, California providers asked to release protected health information will have to compare HIPAA and relevant state law and CMIA, and then follow the ’’more stringent’’ rule.
This publication reviews situations where providers are called upon to disclose information -- including releases pursuant to court orders, subpoenas, reporting requirements, patient treatment regimens, and billing and payment activities. A complete appendix of Legal References is included.
The publication also covers: HIPAA Omnibus Rule [applies to all records, not just electronic]; HIPAA and California Law Enforcement and Penalties; Disclosures to Law Enforcement Agencies; Security Breach; Disclosures permitted by HIPAA and not recognized by CMIA; HIPAA Security Rules; and California Security Requirements.
This book includes extensive changes to the substance use disorder information.
ABOUT THE AUTHORS:
Allan D. Jergesen, J.D., of the law firm of Hanson Bridgett LLP is well known to California’s health information management professionals, many of whom rely on articles authored by Mr. Jergesen, and published in each issue of the CHIA Journal, for advice on legal issues and interpretation and application of state and federal laws and regulations that relate to privacy and confidentiality of health information and the appropriate use and disclosure of that information. Mr. Jergesen has been a speaker at the CHIA annual Confidentiality and Release of Health Information seminars for over twenty years, and the legal and technical expertise he has brought is invaluable to health information management professionals.
Joyce L.T. Chang, J.D., C.H.C., C.H.P.C., of Hanson Bridgett LLP, works closely
with Mr. Jergesen in assisting clients with privacy and confidentiality issues. Her prior
experiences at Cedars-Sinai Medical Center and Stanford Health Care provided unique
opportunities to work directly with health information management professionals, patients, law
enforcement, the media, and other stakeholders on privacy investigations, patient rights, and
regulatory compliance. Ms. Chang also works closely with engineers, health care startups, and
electronic health records systems to design auditing systems and to implement technical