In the Emerging Patchwork of US State Consumer Health Privacy Laws: Understanding and Complying with California’s Confidentiality of Medical Information Act

Lexology July 28, 2023
Baker McKenzie

So far this year, three US states have passed laws with specific obligations related to consumer health privacy law: Washington, Connecticut, and Nevada. When it comes to California, the omnibus California Consumer Privacy Act (CCPA) applies also to the processing of health information. But, if the sectoral Confidentiality of Medical Information Act (CMIA) applies and is complied with, CMIA, and not the CCPA, applies. Most companies that do business in California are subject to CMIA, because the law applies to employers. Also, any business that offers software or hardware, including a mobile application, that enables a consumer to manage medical information must comply with CMIA.

Under CMIA, companies are prohibited from disclosing or using California residents’ medical information for purposes...

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