CMIA (California Confidentiality of Medical Information Act)
As a patient, you trust your medical records to be handled in a confidential manner, with access granted to only various authorized individuals. In the state of California, medical providers must adhere to the California Confidentiality of Medical Information Act (CMIA) to secure the privacy rights of patients. This rule sets the protocol for healthcare providers seeking written approval prior to exchanging medical details.
This article explores the CMIA legislation in depth, including its principal clauses, amended versions and comparison with the federal Health Insurance Portability and Accountability Act (HIPAA).
Key Provisions of California CMIA
The CMIA was one of the most stringent medical privacy laws enacted in 1981 and applies to a broad array of healthcare organizations, including medical doctors, hospitals, clinics, and more.
Key provisions under the CMIA include:
1. Written Authorization
Medical providers must take written authorization from patients before releasing their medical data to any third party, apart from what the law allows or in urgent circumstances. This means they must explicitly get written consent from patients before they can share their medical records with other clinicians, insurers, employers or relatives.
This authorization must be supported by the patient or a designated representative and must plainly state the rationale for disclosing the information and detail precisely what info will be shared and to whom.
2. Patient Access
Under the CMIA, patients have the right to access their medical records and request copies of them. This is an essential right, allowing individuals to ensure the accuracy of their healthcare info and detect any potential infringements of their privacy.
Medical providers must deliver accessible medical records within a reasonable timeframe once they receive a request. The duration of accessibility may fluctuate depending on the type of data required and the complexity of the inquiry. For example, a single record could be provided faster than a historical record.
Patients may also be charged a reasonable fee for copies of their medical documents, including costs associated with duplication, delivery, or administrative fees. However, providers are not allowed to bill patients for retrieving or amassing such files.
3. Record Retention
Medical providers must keep patient records for at least seven years from the date of service, discharge, or death. Security protocols must be put in place to ensure records are protected from unauthorized access or disclosure. CMIA also mandates that healthcare providers have policies and procedures in place for storing, destroying, and disposing of confidential records so that they comply with state and federal regulations.
4. Penalties
The CMIA implements civil and criminal penalties for flaunting the law, including financial penalties and imprisonment. These punishments are intended to dissuade medical professionals from wrongfully disclosing or mishandling patients' medical information and grant patients a way to seek restitution in case their privacy has been breached.
Civil punishments may involve fines of up to $25,000 per victim for each incident of violation of the CMIA. The concerned medical provider could be held liable for paying damages experienced by the individuals as an aftermath of the violation, such as medical costs, mental/emotional trauma, or lost wages. Depending upon the intensity of the infraction and number of persons impacted, victims might even be eligible for punitive damage awards, determined to punish the medical expert and avert future infringements of this legislation.
Besides civil charges, offenders may also face criminal prosecution under the CMIA. Such ramifications could include monetary fines along with prison time or both. The potential sanctions will hinge on how major and serious the breach was, in addition to how many people were affected.
