The California Department of Health has issued a new All Facilities Letter, which amends Section 1280.15 of the Health and Safety Code regarding the reporting of unauthorized access or disclosure of patient medical information. Effective January 1, 2010, healthcare facilities, including nursing homes, are required to report any unlawful or unauthorized access, use, or disclosure of a patient's medical information within five business days of detection. The new legislation clarifies that "five days" means "five business days" and allows for reporting delays upon law enforcement request. Facilities must also notify the affected patient or their representative within the same timeframe. Law enforcement agencies can request a delay in reporting to the patient, not to exceed 60 days for written requests or 30 days for oral requests. Healthcare facilities are responsible for complying with all applicable laws and regulations.

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