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SB 1184 – Authorizes Disclosure Of Medical Information To School-Linked Services Coordinators

CATEGORY: Private Education Matters
CLIENT TYPE: Private Education
DATE: Oct 18, 2022

The California Confidentiality of Medical Information Act (CMIA) generally prohibits the acquisition, use, and disclosure of medical information without prior written authorization from the person whom the information concerns, and sets forth certain confidentiality requirements for medical information.  The CMIA authorizes a health care provider or a health care service plan to disclose medical information in certain circumstances, including to other health care providers, health care service plans, contractors, or other health care professionals or facilities for purposes of diagnosis or treatment of the person whom the information concerns.

Senate Bill 1184 (SB 1184) additionally authorizes a health care provider or a health care service plan to disclose medical information to a school-linked services coordinator, pursuant to a written authorization between the health provider and the person whom the information concerns that complies with the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA).  A HIPAA use and disclosure authorization form must contain specific elements.  A “school-linked services coordinator” is an individual located on a school campus or under contract by a county behavioral health provider agency for the treatment and health care operations and referrals of students and their families that holds any of certain credentials, including the following:

  1. A services credential with a specialization in pupil personnel services
  2. A services credential with a specialization in health authorizing service as a school nurse
  3. A license to engage in the practice of marriage and family therapy
  4. A license to engage in the practice of educational psychology
  5. A license to engage in the practice of professional clinical

While SB 1184 imposes affirmative obligations on a health care provider or a health care services plan, schools with school-linked services coordinators who receive medical information about their students from these entities may want to be aware of this additional step.

(SB 1184 amends Section 56.10 of the Civil Code.)

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