The California Attorney General filed a complaint against Kaiser Foundation Health Plan, Inc. for improperly disposing of patient medical records containing protected health information. The records, including diagnoses and lab results, were found discarded at a recycling facility, violating patient privacy. The action alleges breaches of the California Confidentiality of Medical Information Act.
In-house legal teams should review all agreements involving the handling of protected health information (PHI), particularly vendor contracts with waste management/recycling services, business associate agreements (BAAs) with third-party processors, and employee confidentiality agreements. Key clauses to scrutinize include data disposal and destruction protocols, confidentiality terms specific to medical records, breach notification requirements, audit rights for compliance verification, and retention schedules. Changes may be needed to mandate certified disposal methods (e.g., cross-shredding), require immediate reporting of unauthorized disposal incidents, incorporate regular training obligations for vendors, and strengthen indemnification provisions for privacy violations under state medical confidentiality laws.
Entity
Kaiser Foundation Health Plan, Inc.
Also known as: Kaiser
Industry
HealthcareKaiser Foundation Health Plan, Inc. (Health Plan, CA) reported a HIPAA breach affecting 13,400,000 individuals. Breach type: Unauthorized Access/Disclosure. Location of breached information: Network Server.
A coalition of 12 state attorneys general, led by Colorado AG Phil Weiser, obtained a temporary restraining order from a federal court in California to halt the proposed $110 billion merger of Warner Bros. Discovery, Inc. by Paramount Skydance Corporation. The lawsuit alleges the merger violates Section 7 of the Clayton Act by substantially lessening competition in film distribution, anticipated blockbuster film distribution, and licensing cable TV channels.
The California Privacy Protection Agency (CalPrivacy) joined a coalition of 18 Attorneys General and state agencies in opposing the proposed SECURE Data Act, a federal privacy bill that would preempt stronger state privacy laws like the CCPA. The coalition argues the bill would weaken consumer privacy protections, limit enforcement remedies, and undermine California's Delete Request and Opt-out Platform (DROP).
$12.8M
California Attorney General Rob Bonta, along with multiple district attorneys and the California Privacy Protection Agency, announced a $12.75 million settlement with General Motors for illegally selling hundreds of thousands of Californians' location and driving data to data brokers Verisk and LexisNexis without notice or consent. The settlement includes the largest CCPA penalty to date, a five-year ban on selling driving data to consumer reporting agencies, and requirements to delete retained data and implement a robust privacy program.
The California Privacy Protection Agency Board voted to support two bills (AB 1542 and SB 1106) and took a 'support if amended' position on a third bill (AB 883). These bills aim to strengthen privacy protections by expanding sensitive data protections, improving deletion rights under the Delete Act, and providing expedited deletion for elected officials and judges.
The California Privacy Protection Agency sent a letter to Congress opposing the SECURE Data Act, a federal bill that would preempt state privacy laws like the CCPA and Delete Act. The letter argues the bill would eliminate rights for 40 million Californians, including the DROP platform and opt-out preference signal requirements, and urges Congress to set a floor rather than a ceiling on privacy protections.