Section 1364.5 Of Article 4. Solicitation And Enrollment From California Health And Safety Code >> Division 2. >> Chapter 2.2. >> Article 4.
1364.5
. (a) On or before July 1, 2001, every health care service
plan shall file with the director a copy of their policies and
procedures to protect the security of patient medical information to
ensure compliance with the Confidentiality of Information Act (Part
2.6 (commencing with Section 56) of Division 1 of the Civil Code).
Any amendment to the policies and procedures shall be filed in
accordance with Section 1352.
(b) On and after July 1, 2001, every health care service plan
shall, upon request, provide to enrollees and subscribers a written
statement that describes how the contracting organization or health
care service plan maintains the confidentiality of medical
information obtained by and in the possession of the contracting
organization or the health care service plan.
(c) The statement required by subdivision (b) shall be in at least
12-point type and meet the following requirements:
(1) The statement shall describe how the contracting organization
or health care service plan protects the confidentiality of medical
information pursuant to this article and inform patients or enrollees
and subscribers that any disclosure of medical information beyond
the provisions of the law is prohibited.
(2) The statement shall describe the types of medical information
that may be collected and the type of sources that may be used to
collect the information, the purposes for which the contracting
organization or plan will obtain medical information from other
health care providers.
(3) The statement shall describe the circumstances under which
medical information may be disclosed without prior authorization,
pursuant to Section 56.10 of the Civil Code.
(4) The statement shall describe how patients or enrollees and
subscribers may obtain access to medical information created by and
in the possession of the contracting organization or health care
service plan, including copies of medical information.
(d) On and after July 1, 2001, every health care service plan
shall include in its evidence of coverage or disclosure form the
following notice, in 12-point type: