BILL NUMBER: SB 850	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Leno

                        FEBRUARY 18, 2011

   An act to amend Section 56.101 of the Civil Code, relating to
medical records.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 850, as introduced, Leno. Medical records: confidential
information.
   The Confidentiality of Medical Information Act requires that every
provider of health care, health care service plan, pharmaceutical
company, and contractor who creates, maintains, preserves, stores,
abandons, destroys, or disposes of medical records do so in a manner
that preserves the confidentiality of the information contained in
the record, and provides that negligence in conducting these
activities may result in damages or an administrative fine or civil
penalty, as specified.
   This bill would expand those provisions to require that every
provider of health care, health care service plan, pharmaceutical
company, and contractor who creates, maintains, preserves, stores,
abandons, destroys, or disposes of written or electronic medical
records do so in a manner that preserves the confidentiality,
accuracy, and integrity of the information contained in the record.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 56.101 of the Civil Code is amended to read:
   56.101.  Every provider of health care, health care service plan,
pharmaceutical company, or contractor who creates, maintains,
preserves, stores, abandons, destroys, or disposes of  written or
electronic  medical records shall do so in a manner that
preserves the confidentiality  ,   accuracy, and
integrity  of the information contained therein. Any provider of
health care, health care service plan, pharmaceutical company, or
contractor who negligently creates, maintains, preserves, stores,
abandons, destroys, or disposes of  written or electronic 
medical records shall be subject to the remedies and penalties
provided under subdivisions (b) and (c) of Section 56.36.