DMHC APL 23-025 and Assembly Bill (AB) 254 – Confidentiality of Medical Information Act: Reproductive or Sexual Health Application Information
| Date: | May 1, 2024 |
| From: | Health Plan of San Joaquin/Mountain Valley Health Plan (“Health Plan”) |
| To: | Health Plan Providers |
| Type: | Regulatory |
| Subject: | DMHC APL 23-025 and Assembly Bill (AB) 254 – Confidentiality of Medical Information Act: Reproductive or Sexual Health Application Information |
| Business: | Medi-Cal Managed Care |
On February 7, 2024, the Department of Managed Health Care (DMHC), Office of Planning Licensing (OPL) issued an update to DMHC All Plan Letter (APL) 23-025, Newly Enacted Statutes Impacting Health Plans (2023 Legislative Session). While this APL outlines several newly enacted statutory requirements for health care service plans regulated by DMHC, the focus of this alert is specific to the Confidentiality of Medical Information Act and Assembly Bill (AB) 254 regarding reproductive or sexual health application information.
For the complete details regarding these requirements, please visit the following link: https://dmhc.ca.gov/Portals/0/Docs/OPL/APL23-025-NewlyEnactedStatutesImpactingHealthPlans(2023LegislativeSession)REVISED(2_7_24).pdf
In accordance with APL 23-025, providers must comply with the following requirements:
- CMIA prohibits a health care provider from disclosing medical information regarding a patient without first obtaining an authorization, except as specified.
- CMIA requires a health care provider who creates, maintains, preserves, stores, abandons, destroys, or disposes of medical records to do so in a manner that preserves the confidentiality of the information contained within those records.
- CMIA defines “medical information” to mean any individually identifiable information, in electronic or physical form, in possession of or derived from a provider of health care regarding a patient’s medical history, mental or physical condition, treatment, or reproductive or sexual health application information.
- Health Plan deems any business that offers a “reproductive or sexual health digital service” to a consumer for the purpose of allowing the individual to manage the individual’s information, or for the diagnosis, treatment, or management of a medical condition of the individual, to be a health care provider subject to the requirements of the CMIA.
If you have any further questions, please contact your Provider Services Representative, or call our Customer Service Department at 1-888-936-PLAN (7526). You may also visit https://www.hpsj.com/alerts/ for online access to the documents shared. The most recent information about Health Plan and our services is always available on our website WWW.HPSJ-MVHP.ORG
