First few Article Sentences
Without a doubt, technology has made life easier for doctors. Now, instead of toiling away in their offices late into the night, they can take medical records home with them on tablets and smartphones, giving them 24-7 access to patients’ medical information from wherever they choose to work. Unfortunately, these mobile devices increase the risk of security breaches, which is concerning both for patients, whose medical records could be stolen, and providers, who may be subject to civil penalties resulting from the theft. This is because California’s Confidentiality of Medical Information Act (CMIA) sets forth that a plaintiff is able to recover damages in an amount set by statute, as opposed to having to prove actual financial losses.
California’s Confidentiality of Medical Information Act (CMIA) penalizes providers, health care service plans, pharmaceutical companies, or contractors, who negligently create, maintain, preserve, store, abandon, destroy, or dispose of medical information. (Cal. Civil Code § 56 et seq.) “Medical information” includes any individually identifiable information in the possession of, or derived from, a provider, health care service plan, pharmaceutical company, or contractor, regarding a patient’s medical history, mental or physical condition, or treatment. “Individually identifiable” information under the Act is broadly construed as “any element of personal identifying information sufficient to allow identification of the individual,” including, but not limited to, a patient’s name, social security number, street address, or email address. Further, patient medical information is protected under the Act, even after the patient’s death.