The CMIA defines the following terms: health care service plan; authorization; authorized recipient; contractor; licensed health care professional; marketing; medical information; patient; pharmaceutical company; and provider of health care.
Health care providers, health care service plans, contractors, and corporations shall not intentionally use medical information for marketing or any purpose not necessary to provide health care services to the patient unless otherwise authorized by patient.
Disclosure for marketing purposes of insurance related medical records is permissible as long as the subject is given an opportunity to refuse and consents with written authorization. The information's recipient must also agree to use the medical information solely for marketing purposes. Materials disclosed that include the individual's identity are to be returned or destroyed after use.
With some exceptions, if a business has an established business relationship with a customer and has within the immediately preceding calendar year disclosed personal information, including medical conditions and drugs, therapies, or medical products/equipment used, to third parties that used the personal information for direct marketing purposes, that business shall, upon request from the customer, provide to the customer free of charge: (1) a list of the categories of personal information disclosed by the business to third parties for the third parties' direct marketing purposes during the i
A business may not request medical information for marketing purposes unless the business discloses the marketing purpose, and gains the consent of the data subject or the subject's authorized representative prior to obtaining the medical information. The section also lays out requirements for the formatting, readability of written consent forms.
An insurance institution, agent, or insurance-support organization may disclose personal or privileged information about an individual collected or received in connection with an insurance transaction to a person whose only use of the information will be in connection with the marketing of a product or service, provided: (1) no medical-record information, privileged information, or personal information relating to an individual's character, personal habits, mode of living, or general reputation is disclosed, and no classification derived from the information is disclosed; or (2) the individual
Confidential information as listed under Welfare and Institutions Code 14100.2(b) must be disclosed to the Joint Legislative Audit Committee and the State Auditor. The LAC and the State Auditor may use the information for the purposes of auditing or investigating the Medi-Cal program, Chapter 8, or 8.7. In the event of such authorized disclosures the information shall not be used for commercial or political purposes and the identity of applicants and recipients shall not be disclosed, except in criminal or civil proceeding connected with the administration of the Medi-Cal program.
