What is California Healthcare Law?
California healthcare law provides stricter requirements for healthcare providers operating in, or treating patients residing in, California. As a general rule, when a State law imposes stricter regulations than a Federal law, entities must comply with the stricter State law.
Under HIPAA, patients do not have a private right of action to file a lawsuit against a healthcare organization that violates their rights, however, many States allow patients to do so. California is one such state.
The California Confidentiality of Medical Information Act (CMIA), patients have the right to bring action against any entity or individual that releases the patient’s information negligently. This allows patients to seek monetary damages from entities that compromise their PHI. However, under HIPAA patients do not have the right to seek compensation from an organization that violates their HIPAA rights. The CMIA also applies to non-medical organizations whereas HIPAA only applies to healthcare organizations (covered entities and business associates).
In addition, the California Consumer Privacy Act (CCPA) applies to not only medical information, but personal information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked to, directly or indirectly, a particular consumer or household. The CCPA provides stricter regulations for reporting breaches, and gives individuals more rights in regards to their personal information, than HIPAA.