Health & Safety Code 121085 (2006)
Summary:
Confidential research records shall be protected from financial audits and program evaluations. Audit personnel shall not directly or indirectly identify any individual research subject in any report. Authorized disclosures of confidential research records may be made on a case-by-case basis to the extent necessary for the purpose of audits and evaluations and may not be redisclosed or used in any other way.
California Penalty:
Health & Safety Code 121110 (2006): (a) Negligent disclosures of confidential research record are subject to a civil penalty of no more than $2500 and court costs. (b) Willful or malicious disclosures are subject to a civil penalty of no less than $5000 and no more than $10,000 and court costs. (c) Any person willfully or maliciously disclosing confidential research records that results in economic, bodily, or psychological harm to the research subject is guilty of a misdemeanor punishable by up to a year of imprisonment in county jail or a fine of up to $25,000 or both. (d) Violations under (a) and (b) are liable to the subject for damages. Other Relevant California Code Sections:
Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act, Health & Safety Code 121075 et. Seq. Subject Conferred Legal Right of Action:
Health & Safety Code 121110 (2006): (a) Negligent disclosures of confidential research record are subject to a civil penalty of no more than $2500 and court costs. (b) Willful or malicious disclosures are subject to a civil penalty of no less than $5000 and no more than $10,000 and court costs. (c) Any person willfully or maliciously disclosing confidential research records that results in economic, bodily, or psychological harm to the research subject is guilty of a misdemeanor punishable by up to a year of imprisonment in county jail or a fine of up to $25,000 or both. (d) Violations under (a) and (b) are liable to the subject for damages. Associated Federal Law(s):
Uses and disclosures for which an authorization or opportunity to agree or object is not required : research purposes
Associated Federal Law(s):
Uses and disclosures of protected health information: general rules : Minimum necessary - covered entity must make reasonable efforts to limit the use/disclosure of protected health information to the minimum necessary to accomplish the intended purpose of the use, disclosure, or request; exceptions.
Associated Federal Law(s):
Uses and disclosures for which an authorization or opportunity to agree or object is not required : for oversight of the health care system, including investigations, disciplinary actions