The Law

Certain federal and state laws require that information is correct and used appropriately. These laws protect a person's right to privacy; prohibit violations of copyright, patents, and trade secrets; and prohibit unauthorized computer access to certain types of information. California also has specific regulations concerning several categories of patient information such as mental health records, victims of violent crime, and HIV status.

California Code, Title 22, section 70707 on patient rights, declares that a patient has the right to confidentiality of all communication and records pertaining to his or her care and hospital stay.

California Welfare and Institutions Code, section 5328, states that disclosure of any information about psychiatric and/or substance abuse is prohibited. In part, this means that healthcare providers caring for these types of patients cannot disclose whether or not the person even exists as a patient in these kinds of facilities.

California Civil Code, section 56.16, "allows hospital personnel to release patient information at their discretion." However, LLUMC has adopted its own policy of cooperation with the news media. Since September of 1991, " in the interest of safety for the patient and the hospital staff, the Medical Center has imposed confidentiality on all victims of violent crime. The patient's name [should] not even appear on the hospital census." In fact, no information of any kind should ever be given to the media by an unauthorized LLUMC employee.

California Evidence Code, sections 990-1007, describes "Physician-Patient Privilege". All conversation between a patient and his or her physician, and any conversations overheard regarding any other patient, are considered strictly confidential. This mandate is also true of written patient information.

California Civil Code, section 56.10, discusses our responsibility to maintain the "Confidentiality of Medical Information". It describes the only situations in which disclosure of medical information by healthcare providers is appropriate, and only then to authorized individuals involved in these situations:

• Diagnosis and treatment
• Billing or payment
• Investigation
• Arbitration
• Accreditation
• Litigation
• Research
• Emergency care and communication