Assembly Member Bauer-Kahan's medical privacy legislation aims to restrict the disclosure of Californians' medical information to out-of-state entities by modifying the state's Confidentiality of Medical Information Act. The bill narrows the circumstances under which healthcare providers and insurers can share patient records in response to court orders or search warrants from other states.

Under the proposed changes, medical information could only be disclosed in response to out-of-state court orders or warrants if they do not conflict with California law, including the state's Reproductive Privacy Act. The legislation also eliminates provisions that currently allow disclosure based solely on express patient authorization, requiring instead that all sharing of medical data fall under specific statutory exemptions.

The bill maintains existing provisions that permit disclosure for legitimate healthcare operations, including treatment, payment processing, and public health activities. However, it strengthens privacy protections by expanding criminal penalties for unauthorized sharing of medical information. Healthcare providers, insurers, and their contractors would face misdemeanor charges for disclosures that violate the new restrictions.

Local agencies and healthcare facilities would bear responsibility for implementing these enhanced privacy measures without state reimbursement, as the changes are classified as modifications to existing criminal statutes rather than new mandates requiring funding. The provisions would take effect immediately upon enactment, requiring prompt updates to information-sharing protocols and compliance procedures.