Existing law, the Confidentiality of Medical Information Act, prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information, as defined, regarding a patient of the provider of health care or an enrollee or subscriber of the health care service plan without first obtaining an authorization, except as prescribed. The act punishes a violation of its provisions that results in economic loss or personal injury to a patient as a misdemeanor.
Existing law requires a provider of health care, a health care service plan, or a contractor to disclose medical information if the disclosure is compelled by, among other things, a court order or a search warrant lawfully issued to a governmental law enforcement agency.
This bill would revise the disclosure requirement relating to a court order to instead require disclosure if compelled by a court order issued by a California state court, including California state court orders relating to foreign subpoenas, as defined. The bill would revise the disclosure requirement relating to a search warrant to require disclosure if compelled by a warrant from another state based on another state's law so long as that law does not interfere with California law, and execution of the search warrant would not violate specified prohibitions against enforcement actions regarding lawful abortions. By narrowing the exceptions for disclosing medical information, and thereby expanding the crime of violating the act, this bill would impose a state-mandated local program.
Existing law, the Interstate and International Depositions and Discovery Act, requires a California state court to issue a subpoena if a foreign subpoena has been sought in this state and the requesting party satisfies specified requirements. Existing law prohibits a subpoena from being issued pursuant to those provisions if the submitted foreign subpoena (1) is based on a violation of another state's laws that interfere with a person's right to allow a child to receive gender-affirming health care, as specified, or (2) relates to a foreign penal civil action and would require disclosure of information related to sensitive services, as defined.
This bill would prohibit a provider of health care, health care service plan, or contractor from complying with a court order that constitutes a foreign subpoena, absent a court order issued pursuant to the Interstate and International Depositions and Discovery Act, as specified. Because a violation of this prohibition that results in economic loss or personal injury would be a misdemeanor under the Confidentiality of Medical Information Act, this bill would impose a state-mandated local program.
Existing law prohibits a provider of health care, health care service plan, contractor, or corporation and its subsidiaries and affiliates from intentionally sharing, selling, using for marketing, or otherwise using medical information for a purpose not necessary to provide health care services to the patient, except to the extent expressly authorized by a patient, enrollee, or subscriber, or if compelled pursuant to the above-described requirements.
This bill would delete the above-described exception allowing disclosure pursuant to an express authorization by a patient, enrollee, or subscriber, and would instead prohibit a provider of health care, health care service plan, contractor, or corporation and its subsidiaries and affiliates from intentionally selling medical information or using medical information for marketing. By expanding prohibitions against disclosing medical information, and thereby expanding the crime of violating the act, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Statutes affected:
AB 302: 56.10 CIV
01/23/25 - Introduced: 56.10 CIV
05/01/25 - Amended Assembly: 56.10 CIV