Resources for California Pregnancy Centers and Clinics
Life Legal Defense Foundation has prepared resources to assist California pregnancy centers and clinics in understanding and complying with California’s Confidentiality of Medical Information Act (CMIA). These materials are intended to provide practical guidance regarding the protection, use, and disclosure of medical information under California law.
The resources below are provided for general educational purposes and are periodically updated to reflect changes in California law. Because every organization is different, these materials should not be construed as legal advice for any particular situation. If your center has questions regarding CMIA compliance or a specific confidentiality issue, please contact Life Legal for assistance.
Resources
đź“„ CMIA Guidance for Pregnancy Centers and Clinics
A practical overview of California’s Confidentiality of Medical Information Act, including AB 352, authorization requirements, disclosure rules, and electronic medical record considerations. Also includes a sample CMIA Authorization for Use or Disclosure of Medical Information form.
đź“‹ CMIA Compliance Checklist
A practical checklist to help pregnancy centers and clinics evaluate and strengthen their confidentiality policies and procedures.
🎞️ CMIA Presentation Slides (pdf)
An overview of California’s Confidentiality of Medical Information Act (CMIA), including recent amendments and practical compliance recommendations. This presentation was developed for California pregnancy centers and clinics.
These slides are intended as an educational overview and should be used in conjunction with the accompanying CMIA Compliance Guidance. Because the law continues to evolve, users should consult the current guidance and seek legal advice regarding specific situations.
FAQs
Does the CMIA apply to every pregnancy center?
No. Whether the CMIA applies depends on factors such as whether the organization is licensed, provides medical services, or otherwise creates, receives, or maintains medical information subject to the statute. Some non-medical pregnancy centers may also be subject to the CMIA depending on their structure, the services they provide, and whether they contract with licensed health care providers and create, receive, maintain, or disclose medical information on their behalf.
How is the CMIA different from HIPAA?
HIPAA and the CMIA are separate laws with different scopes and requirements. A pregnancy center that is not subject to HIPAA may nevertheless be required to comply with the CMIA.
What is “medical information” under the CMIA?
The CMIA defines “medical information” broadly. It generally includes individually identifiable information regarding a person’s medical history, mental or physical condition, or treatment that is maintained by a health care provider or other entity subject to the Act.
When is a patient’s written authorization required?
As a general rule, the CMIA prohibits the disclosure of medical information without a valid written authorization unless a statutory exception applies. California law also specifies the required content and formatting of a valid authorization.
What should we do if we receive a subpoena or request for medical records?
Do not assume medical records must be produced immediately. The CMIA, California’s abortion shield laws, and other applicable laws may affect how your organization should respond. Centers should consult legal counsel before responding to subpoenas, court orders, government requests, or other legal process seeking medical information.
What is AB 352?
AB 352 is one of several California laws enacted following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. It amended the CMIA by providing additional protections for electronic reproductive health information and may affect how pregnancy clinics and some pregnancy centers handle, store, and disclose certain medical information.
Our center uses only paper records. Does AB 352 apply to us?
Yes and no. The CMIA’s confidentiality, authorization, and disclosure requirements apply regardless of whether records are maintained electronically or on paper. However, many of AB 352’s new technical requirements—such as role-based electronic access, segregation of certain reproductive health information, and EHR vendor capabilities—apply only if your organization uses an electronic health record system or contracts with a business that electronically stores or maintains medical information.
How can Life Legal help?
Life Legal provides legal guidance to pregnancy centers and clinics regarding CMIA compliance, confidentiality issues, subpoenas, privacy concerns, and other legal matters affecting the protection of medical information. If you have questions regarding these resources or a specific situation, please contact us.
Additional Questions?
Please contact Life Legal:
707-224-6675