Welf. & Inst. Code 5328.15
Summary:
All information and records acquired while providing services to voluntary or involuntary recipients shall be confidential. Such information and records may be disclosed to (a) State Department of Health Services authorized persons, and to authorized legal staff or special investigators who are employed by or authorized representatives of the State Department of Social Services as is necessary to perform their duties of inspecting, licensing, and investigating facilities. The confidential information may be used by Health Services or Social Services in a criminal, civil, or administrative proceeding with the information only available to the judge, hearing officer, and parties. After use, confidential information shall be sealed. Confidential information released to the departments shall not contain patient names, and (b) to any board that licenses and certifies mental health professionals if the Director of Mental Health has reason to believe that there has been a violation of any law subject to the juri
Data Origin:
Mental health care facilities Parties Bound:
Mental health care facilities Subject Conferred Legal Right of Action:
Welf. & Inst. Code 5330: Any person may bring an action against an individual who willfully and knowingly released confidential information or records in violation of this chapter for the larger of either $10,000 or three times the amount of actual damages, if any, sustained by the plaintiff. For negligent release of such information and records: either $1000 or the amount of actual damages, if any, sustained by plaintiff. Plaintiff shall also recover court costs and reasonable attorney's fees. 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
Associated Federal Law(s):
Uses and disclosures for which an authorization or opportunity to agree or object is not required : for judicial and administrative proceedings
Associated Federal Law(s):
Other requirements relating to uses and disclosures of protected health information : Uses and disclosures of a limited data set.