California Consumer Health Care Council v. Kaiser Foundation Health Plan, Inc.

Good Law
142 Cal. App. 4th 21·2006 Cal. App. LEXIS 1266·2006 Daily Journal DAR 11023·47 Cal. Rptr. 3d 593·2006 Cal. Daily Op. Serv. 7725
Court of Appeal of CaliforniaJuly 25, 2006A108697California4,574 words

Opinion

Opinion

Haerle, J.

I. INTRODUCTION

Appellant, a “California non-profit public benefit corporation . . . concerned with protecting the interests of health care consumers throughout California,” sued on behalf of the general public to enjoin the practice of respondent Kaiser Foundation Health Plan, Inc. (Kaiser) of transmitting to its attorneys allegedly “irrelevant” medical information concerning Kaiser patients who were either making or contemplating making medical malpractice claims against Kaiser. Appellant alleged that Kaiser’s practices violate California’s unfair competition law, Business and Professions Code section 17200 et seq. (the UCL).

The superior court sustained a demurrer without leave to amend after finding that the challenged practices were not unlawful and were, in fact, authorized by the Confidentiality of Medical Information Act, Civil Code section 56 et seq. (the Confidentiality Act). We agree with that court’s analysis and, additionally, find that appellant’s claims are barred by amendments to the UCL enacted in November 2004 by Proposition 64. We thus affirm the judgment of dismissal.

II. FACTUAL AND PROCEDURAL BACKGROUND

Appellant initiated this action on March…

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