California Assembly Bill AB2703 Latest Draft

 BILL NUMBER: AB 2703AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 18, 2016 INTRODUCED BY Assembly Member Linder FEBRUARY 19, 2016 An act to amend Section 56.11 of the Civil Code, relating to medical confidentiality. LEGISLATIVE COUNSEL'S DIGEST AB 2703, as amended, Linder. Medical confidentiality: authorizations. Existing law requires a person or entity that wishes to obtain medical information from a provider of health care, health care service plan, or contractor regarding a patient of the provider of health care, or an enrollee or subscriber of a health care service plan, to obtain a valid authorization for the release of the information,  as specified.   a requirement for which is that the authorization is handwritten by the person who signs it or is in typeface no smaller than 14-point type.  This bill would  make technical, nonsubstantive changes to those provisions. This bill would also delete obsolete cross-references.   also allow the authorization to be an electronic equivalent of the required type face.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 56.11 of the Civil Code is amended to read: 56.11. A person or entity that wishes to obtain medical information pursuant to subdivision (a) of Section 56.10, other than a person or entity authorized to receive medical information pursuant to subdivision (b) or (c) of Section 56.10, except as provided in paragraph (21) of subdivision (c) of Section 56.10, shall obtain a valid authorization for the release of this information. An authorization for the release of medical information by a provider of health care, health care service plan, pharmaceutical company, or contractor shall be valid if it: (a) Is handwritten by the person who signs it or is in a typeface no smaller than 14-point  type.   type or the electronic equivalent. However, an authorization form provided by a federal government agency need not comply with the font size requirement.  (b) Is clearly separate from any other language present on the same page and is executed by a signature that serves no other purpose than to execute the authorization. (c) Is signed and dated by one of the following: (1) The patient. A patient who is a minor may only sign an authorization for the release of medical information obtained by a provider of health care, health care service plan, pharmaceutical company, or contractor in the course of furnishing services to which the minor could lawfully have consented. (2) The legal representative of the patient, if the patient is a minor or an incompetent. However, authorization may not be given under this subdivision for the disclosure of medical information obtained by the provider of health care, health care service plan, pharmaceutical company, or contractor in the course of furnishing services to which a minor patient could lawfully have consented. (3) The spouse of the patient or the person financially responsible for the patient, where the medical information is being sought for the sole purpose of processing an application for health insurance or for enrollment in a nonprofit hospital plan, a health care service plan, or an employee benefit plan, and where the patient is to be an enrolled spouse or dependent under the policy or plan. (4) The  beneficiary or   beneficiary,  personal  representative  representative,   or surviving spouse  of a deceased  patient.   patient  .  (d) States the specific uses and limitations on the types of medical information to be disclosed. (e) States the name or functions of the provider of health care, health care service plan, pharmaceutical company, or contractor that may disclose the medical information. (f) States the name or functions of the persons or entities authorized to receive the medical information. (g) States the specific uses and limitations on the use of the medical information by the persons or entities authorized to receive the medical information. (h) States a specific date after which the provider of health care, health care service plan, pharmaceutical company, or contractor is no longer authorized to disclose the medical information. (i) Advises the person signing the authorization of the right to receive a copy of the authorization.