Confidentiality & Security: Protecting and Releasing Health Information in California

Previously titled ‘‘Disclosure of Health Information in California: HIPAA and California Regulations’’, this publication is designed to inform health information management and other health care professionals about the new HIPAA privacy and security rules and includes the California Preemption rules.

On April 14, 2003 the rules governing the release of health information became the amalgram 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 then follow the ’’more stringent’’ rule.
Segments have been added in 2009 regarding the HITECH Act and the Federal Red Flags Rule requirements. Both have been added to Part Six, Security: Special Patient Protections. 

This publication reviews situations in which providers are called upon to disclose information -- including releases pursuant to court orders, subpoenas, reporting requirements, patient treatment regimens, and billing and payment activities.

This publication 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.

Legal references have been placed in this manual.

 CHIA, 8th edition, November 2009 will be available November 19, 2009.