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On 21 April 2022, California Assembly Bill (AB) 2089 on mental health privacy was amended in the State Assembly. The amended Bill proposes to amend the California Confidentiality of Medical Information Act (CMIA) by revising the definition of medical information to include mental health application information. As a result, providers would be prohibited from sharing, selling, or using mental health application information for any purpose not necessary for providing healthcare services to a patient. According to the proposed amendments of the CMIA, mental health application information would be defined as information related to a consumer’s inferred or diagnosed mental health or substance use disorder, as defined in Section 1374.72 of the Health and Safety Code, collected by a mental health digital service. In addition, the Bill would require any entity that provides a digital mental health service, when working with a health care provider, to notify the provider of all known data breaches and CMIA violations in the last three years.
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