Knowledge Library

Dobbs v. Jackson Women’s Health: Abortion Laws and How Physicians Can Protect Themselves

The recent decision on Dobbs v. Jackson Women’s Health by the U.S. Supreme Court has pushed the issue of reproductive health back to state legislators. As each state grapples with how it will deal with this issue, it has created tremendous uncertainty for the physicians who serve those communities. Physicians are caught in an impossible situation of trying to care for their patients while operating within the law – with boundaries that are less clear and well-defined as they have been for the past 50 years. As we have for the past 47 years, MIEC will continue to stand with...

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New California Laws in 2022

A variety of subjects impacting physicians were signed into law by Governor Newsom in 2021. Following is a sampling of new laws you should be aware of; all are effective January 1, 2022 unless otherwise noted. A comprehensive report on new healthcare laws is available from the California Medical Association. Electronic Prescribing Mandate This law (passed by the California Legislature in 2018) requires that almost all prescriptions written in California be transmitted electronically. The California Medical Association has published a description of the law, including the types of prescriptions that are exempt from the mandate. Does electronic prescribing trigger HIPAA...

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New Law Alert: California 2021

While coronavirus dominated much of the California legislative landscape in 2020, a number of bills on a variety of subjects impacting health care providers were signed into law by Governor Newsom. Following are a few new laws you should be aware of; all are effective January 1, 2021 unless otherwise noted.   Employee Notification of COVID-19 Exposure: AB 685 (Reyes) requires employers to provide written notification within 24 hours to their employees if they are potentially exposed, at the workplace, to a person who was infectious with COVID-19 or who was subject to a COVID-19 related quarantine order. The law...

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California Confidentiality of Medical Information Act

When questions arise around the confidentiality of patient records and other healthcare information, providers typically invoke HIPAA- the federal Health Insurance Portability and Accountability Act of 1996, which establishes standards for the privacy and security of protected health information. However, HIPAA regulations do not cover all aspects of patient confidentiality, and the rules only apply to “covered entities” who perform certain electronic transactions (although virtually all providers fall into this category). Most importantly, to the extent that state law addresses the same issues as HIPAA, the more “controlling” or limiting law applies. It is therefore important for healthcare providers to...

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California Informed Consent Supplement

This supplement to our "Informed Consent Revisited" article contains excerpts from California laws related to informed consent, consent by minors and special consents. California physicians who have questions about a specific patient or who require legal advice may call MIEC’s Claims Department in Oakland at 800-227-4527. For general liability questions, physicians and their staff can call MIEC’s Patient Safety & Risk Management Department in Oakland, CA at 800-227-4527. Informed Consent In California, the current law on informed consent is derived largely from the case of Cobbs vs. Grant (1972) 8 Cal.3d 229 in which it was ruled that a physician...

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