An employer may not require medical or psychological examinations of employees, unless they are job-related and necessary for business. Employers may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that worksite.
In a medical negligence action, a demand for settlement or offer to compromise made on a patient's behalf shall be accompanied by an authorization to disclose medical information to persons or organizations insuring, responsible for, or defending professional liability that the certificate holder may incur. The authorization shall . . . authorize disclosure of that information that is necessary to investigate issues of liability and extent of potential damages in evaluating the merits of the demand for settlement or offer to compromise.
An employer that receives medical information shall establish appropriate procedures such as instruction to employees and security systems to ensure the confidentiality and protection from unauthorized use and disclosure of that information.
No employee shall be discriminated against in terms or conditions of employment due to that employee's refusal to sign an authorization under this part.
No employer shall use, disclose, or knowingly permit its employees or agents to use or disclose employee medical information without a signed authorization by the patient.
An authorization for an employer to disclose medical information shall be valid if it complies with all of the following: 1) must be signed by the patient (or in some cases, his legal representative, or beneficiary) and states: (1) the use of the type of information to be disclosed; (2) the names of the health care provider or other parties that may disclose the information or who are authorized to receive the info; (3) the limitations on use of the info; (4) the date after which the information can no longer be disclosed.
An employer that discloses medical information pursuant to this chapter shall communicate to the person or entity to which it discloses the medical information any limitations in the authorization regarding the use of the medical information.
Nothing in this part shall be construed to prevent a person who could sign the authorization pursuant to subdivision (c) of Section 56.11 from canceling or modifying an authorization.
A recipient of medical information pursuant to a [valid] authorization may not further disclose that medical information except in accordance with a new authorization that meets the requirements of Section 56.21.
