Act now: Update policies and train staff to comply with new immigration privacy rules
The Confidentiality of Medical Information Act (CMIA) prohibits health care providers, plans and contractors from sharing or using a patient’s medical information for non-health care purposes without the patient’s authorization, unless required by law (e.g., a court order or warrant). California Senate Bill 81 (SB 81), approved September 20, 2025, expands this definition to include immigration enforcement in health care settings. SB 81 is an urgency statute and took effect immediately.
Compliance deadline: November 4, 2025 (45 days from effective date)
Health care entities have 45 calendar days from the law’s effective date, September 20, 2025, to comply with the requirements. Ensure your organization and staff are compliant by November 4, 2025.
Key updates
- Expanded definition of medical information
- Includes immigration status (past or present) and place of birth.
- Must be treated with the same confidentiality as other protected health information.
- Restrictions on immigration enforcement access
- Health care providers, plans, contractors and employers must not allow access for immigration enforcement unless required by federal law.
- Policies and procedures requirements
- Establish or update procedures for monitoring, documenting and receiving visitors.
- Prohibit access to nonpublic areas without a valid judicial warrant or court order.
Immediate steps for compliance
- Review and update internal policies and procedures.
- Train staff on new visitor and enforcement protocols.
- Treat immigration-related data as protected medical information under CMIA.
Learn more about SB 81
Read the full text of SB-81, on the California Legislative Information site at https://bit.ly/CA-Leg-Info. Search for bill number SB 81.
Additional information
If you have questions regarding the information contained in this update, contact 866-999-3945
This information applies to Physicians, Independent Practice Associations (IPAs), Hospitals, Ancillary Providers, and Behavioral Health Providers.
