C. A person who violates this section commits a civil violation for which a forfeiture not to exceed $1,000, payable to the State, may be adjudged for a negligent violation, plus costs. A person who intentionally violates this section is subject to a civil penalty not to exceed $5,000, payable to the State, for an intentional violation, plus costs. If a court finds that intentional violations of this section have occurred after due notice of the violating conduct with sufficient frequency to constitute a general business practice, the person is subject to a civil penalty not to exceed $10,000 for health care practitioners and $50,000 for health care facilities, payable to the State. A civil penalty under this subsection is recoverable in a civil action.

Sec. 16. Effective date. This Act takes effect October 1, 1999.

SUMMARY

This bill clarifies and expands the ability of a health care practitioner or facility to disclose health care information about an individual. The bill allows a health care provider or health care practitioner treating an incapacitated individual to obtain authorization to disclose health care information from the appropriate surrogate decision-maker for that individual. The bill allows an individual to orally authorize disclosure of his or her health care information. This bill also allows an individual to orally authorize the release of the health care information to the extent necessary to bill those responsible for payment for the health care services provided to the individual. The bill allows the parent, legal guardian or guardian ad litem of a minor who has not consented to health care treatment in accordance with the provisions of state law to submit an addition to the minor's health care record. The bill also makes related technical or clarifying changes in current law.