California Civil Code. California

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СКАЧАТЬ To the extent the court allows discovery to determine whether there has been any other violation of this part that the court will consider in balancing the equities, the defendant shall not provide any medical information, as defined in Section 56.05. The court, in its discretion, may enter a protective order prohibiting the further use of any personal information, as defined in Section 1798.80, about the individual whose medical information may have been disclosed in a prior violation.

      (4) In an action under this subdivision in which the defendant establishes the affirmative defense pursuant to paragraph (2), a plaintiff shall be entitled to recover reasonable attorney’s fees and costs without regard to an award of actual or nominal damages or the imposition of administrative fines or civil penalties.

      (5) In an action brought by an individual pursuant to subdivision (b) on or after January 1, 2013, in which the defendant establishes the affirmative defense pursuant to paragraph (2), a defendant shall not be liable for more than one judgment on the merits under this subdivision for releases of confidential information or records arising out of the same event, transaction, or occurrence.

      (f) (1) The civil penalty pursuant to subdivision (c) shall be assessed and recovered in a civil action brought in the name of the people of the State of California in any court of competent jurisdiction by any of the following:

      (A) The Attorney General.

      (B) A district attorney.

      (C) A county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance.

      (D) A city attorney of a city.

      (E) A city attorney of a city and county having a population in excess of 750,000, with the consent of the district attorney.

      (F) A city prosecutor in a city having a full-time city prosecutor or, with the consent of the district attorney, by a city attorney in a city and county.

      (G) The State Public Health Officer, or his or her designee, may recommend that a person described in subparagraphs (A) to (F), inclusive, bring a civil action under this section.

      (2) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If the action is brought by a district attorney or county counsel, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered. Except as provided in paragraph (3), if the action is brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered and one-half to the treasurer of the county in which the judgment was entered.

      (3) If the action is brought by a city attorney of a city and county, the entire amount of the penalty collected shall be paid to the treasurer of the city and county in which the judgment was entered.

      (4) This section shall not be construed as authorizing both an administrative fine and civil penalty for the same violation.

      (5) Imposition of a fine or penalty provided for in this section shall not preclude imposition of other sanctions or remedies authorized by law.

      (6) Administrative fines or penalties issued pursuant to Section 1280.15 of the Health and Safety Code shall offset any other administrative fine or civil penalty imposed under this section for the same violation.

      (g) For purposes of this section, “knowing” and “willful” shall have the same meanings as in Section 7 of the Penal Code.

      (h) A person who discloses protected medical information in accordance with the provisions of this part is not subject to the penalty provisions of this part.

      (Amended by Stats. 2015, Ch. 303, Sec. 26. Effective January 1, 2016.)

      56.37. (a) No provider of health care, health care service plan, or contractor may require a patient, as a condition of receiving health care services, to sign an authorization, release, consent, or waiver that would permit the disclosure of medical information that otherwise may not be disclosed under Section 56.10 or any other provision of law. However, a health care service plan or disability insurer may require relevant enrollee or subscriber medical information as a condition of the medical underwriting process, provided that Sections 1374.7 and 1389.1 of the Health and Safety Code are strictly observed.

      (b) Any waiver by a patient of the provisions of this part, except as authorized by Section 56.11 or 56.21 or subdivision (b) of Section 56.26, shall be deemed contrary to public policy and shall be unenforceable.

      (Amended by Stats. 1999, Ch. 526, Sec. 9. Effective January 1, 2000.)

      PART 2.7. Medical Claims Data Error Correction [57–57.]

      (Part 2.7 added by Stats. 2012, Ch. 869, Sec. 1.)

      57. (a) A qualified entity, as defined in Section 1395kk(e)(2) of Title 42 of the United States Code, that receives claims data from a health care service plan or health insurer shall comply with the requirements governing provider and supplier requests for error correction established under Section 401.717 of Title 42 of the Code of Federal Regulations for all claims data received, including data from sources other than Medicare.

      (b) For purposes of this section, the following definitions apply:

      (1) “Provider” means a hospital, a skilled nursing facility, a comprehensive outpatient rehabilitation facility, a home health agency, a hospice, a clinic, or a rehabilitation agency.

      (2) “Supplier” means a physician and surgeon or other health care practitioner, or an entity that furnishes health care services other than a provider.

      (Added by Stats. 2012, Ch. 869, Sec. 1. Effective January 1, 2013.)

      PART 2.9. CALIFORNIA FAIR DEALERSHIP LAW [80 — 86]

      (Part 2.9 added by Stats. 1980, Ch. 914, Sec. 1.)

      80. This part may be cited as the California Fair Dealership Law.

      (Added by Stats. 1980, Ch. 914, Sec. 1.)

      81. As used in this part:

      (a) “Person” means a natural person, partnership, joint venture, corporation, limited liability company, or other entity.

      (b) “Dealership” means a contract or agreement, either express or implied, whether oral or written, between two or more persons, by which a person is granted the right to sell or distribute goods or services, or to use a trade name, trademark, service mark, logotype, or advertising or other commercial symbol, in which there is a community of interest in the business of offering, selling, or distributing goods or services at wholesale, or at retail, by lease, agreement, or otherwise.

      (c) “Grantor” means a person who sells, leases, or otherwise transfers a dealership.

      (d) “Community of interest” means a continuing financial interest between the grantor and grantee in either the operation of the dealership or the marketing of goods or services.

      (e) “Dealer” means a person who is a grantee of a dealership situated in this state.

      (f) “Grant” means a sale, lease, or transfer of any kind.

      (Amended СКАЧАТЬ