The California Department of Health has issued a new All Facilities Letter, outlining legislative changes affecting healthcare facilities and services. The letter states that healthcare providers must report a breach of medical information to the department and the affected patient within five business days, with failure to notify resulting in a $100 per day civil penalty. Patient notification can be delayed at the request of law enforcement if it would impede investigation. Facilities must document all patient notifications following a breach and make documentation available to surveyors during an investigation. Misdirected internal records within the same facility or healthcare system do not constitute a breach and do not need to be reported. Healthcare providers are responsible for following all applicable laws and regulations.

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