The California Department of Health has issued a new All Facilities Letter (AFL) requiring healthcare facilities to prevent unauthorized access or disclosure of patient medical information. The legislation, effective from January 1, 2009, applies to all health facilities licensed by the California Department of Public Health (CDPH) Licensing and Certification (L&C) program. Healthcare facilities must report any unauthorized access, use, or disclosure of patient medical information to the CDPH within five calendar days of detection. Failure to report within this timeframe may result in a penalty of $100 per day. The CDPH may also assess an administrative penalty of up to $25,000 per patient for unauthorized access, use, or disclosure of medical information, and up to $17,500 for each subsequent violation. The total combined penalty shall not exceed $250,000. Facilities may request a hearing within ten calendar days of receipt of the penalty assessment if they dispute the determination.

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