California Attorney General Rob Bonta issued an informational bulletin summarizing new responsibilities under SB 81, which expands protections for immigrants' medical information by designating immigration status as protected data under the Confidentiality of Medical Information Act (CMIA) and restricts immigration enforcement access to non-public areas of healthcare facilities.
In-house legal teams should review all agreements with California healthcare service plans, contractors, and vendors (including data processing, business associate, and facility management contracts). Focus on clauses governing data confidentiality, sharing restrictions, compliance with legal demands (subpoenas, court orders), and physical access rights. Required changes include: explicitly classifying immigration status as protected health information under CMIA; prohibiting disclosure to immigration authorities absent a valid judicial warrant or state/federal law; mandating that contractors and service plans designate and restrict access to non-public care areas; and updating breach notification and data retention policies to reflect these heightened protections. Patient consent forms and intake documents should also be revised to reflect these new data handling requirements.
Entity
California healthcare providers, service plans, and contractors
Also known as: Healthcare Providers
Industry
HealthcareOfficial Press Release
https://oag.ca.gov/news/press-releases/attorney-general-bonta-issues-bulletin-new-rules-healthcare-providers-protect
SB 81 Bulletin October 2025
https://oag.ca.gov/system/files/attachments/press-docs/SB%2081%20Bulletin%20-%20October%202025.pdf
California Attorney General Enforcement Page
https://oag.ca.gov/privacy/privacy-enforcement-actions
"Attorney General Bonta Issues Bulletin on New Rules for Healthcare Providers to Protect Immigrants"
"Friday, October 31, 2025"
"to all California healthcare providers, service plans, and contractors"
"SB 81 amends the Confidentiality of Medical Information Act (CMIA) and the Health and Safety Code to designate the immigration status of patients as protected medical data"
"SB 81 amends the Confidentiality of Medical Information Act (CMIA) and the Health and Safety Code"
"SB 81 amends the Confidentiality of Medical Information Act (CMIA) and the Health and Safety Code to designate the immigration status of patients as protected medical data and requires healthcare facilities to designate non-public areas where access for immigration enforcement purposes is limited."
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$12.8M
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