The California Consumer Privacy Act of 2018 (CCPA) adds another set of privacy requirements for health and life sciences companies. Managing the interaction of these new requirements with existing obligations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), California’s Confidentiality of Medical Information Act (CMIA), and other health privacy laws will continue to be an area of focus in the health privacy community for years to come. In the latest installment of the CCPA blog series, we describe these issues and outline four important steps health and life sciences companies may consider to assess the CCPA’s operational impact.
In a ruling that was welcome news to health care providers, insurers, and others that maintain medical information of California residents, the California Court of Appeals recently held that the mere possession of medical information by an unauthorized person, without actual viewing of the information, is not sufficient to establish a breach of confidentiality under the California Confidentiality of Medical Information Act , Cal. Civ. Code §§ 56 et seq.
A new law that amends the California Confidentiality of Medical Information Act (CMIA) may provide some relief to HIPAA covered entities and business associates, some of whom have faced class action lawsuits seeking millions in statutory damages under the CMIA for large-scale data breaches. The changes to the CMIA are summarized in this entry.