State privacy laws and state laws concerning consent and minors must also be considered.State Privacy Laws Many states have enacted privacy laws that are more stringent than HIPAA and place further protections on disclosure of medical records generally and mental health records specifically. In California, mental health records may be subject to one of two state laws: (1) the Lanterman-Petris-Short Act, California Welfare and Institutions Code, Section 5328 et seq. (LPS Act); or (2) the California Confidentiality of Medical Information Act, California Civil Code Section 56 et seq. (CMIA). To determine whether mental health records may be disclosed under California law, the first inquiry to make is whether the records are subject to the LPS Act or CMIA.

State privacy laws and state laws concerning consent and minors must also be considered.State Privacy Laws Many states have enacted privacy laws that are more stringent than HIPAA and place further protections on disclosure of medical records generally and mental health records specifically. In California, mental health records may be subject to one of two state laws: (1) the Lanterman-Petris-Short Act, California Welfare and Institutions Code, Section 5328 et seq. (LPS Act); or (2) the California Confidentiality of Medical Information Act, California Civil Code Section 56 et seq. (CMIA). To determine whether mental health records may be disclosed under California law, the first inquiry to make is whether the records are subject to the LPS Act or CMIA.

The terms and conditions must be analyzed carefully to ensure that the coverage provided matches the organization’s risk profile and to ensure that important facets of coverage are not vitiated.[1] No. CV 13-3728GAF(JCx), Minutes (In Chambers) Order Re: Motion To Dismiss (Oct. 7, 2013).[2] Cal. Civ. Code §§56-56.37.[3] Cal. Welf. & Inst. Code §§ 5328-5330.[4] Hartford’s First Amended Complaint For Declaratory Relief, filed on June 18, 2012, at ¶ 18.[5]Id.

Ct., filed May 12, 2012)).[3] Cal. Civ. Code §§56-56.37.[4] Cal. Welf. & Inst. Code §§ 5328-5330.[5] Hartford’s First Amended Complaint For Declaratory Relief, filed on June 18, 2012, at ¶18.[6]Id.