DEMURRER The First cause of action fails to state a claim for which relief may be granted Defendant Alliance is special commission formed pursuant to California Welfare an Institutions Code Section 14087.54. (Ex. 1-3 to Phillip’s Dec. Santa Cruz County Code 7.58.010) As such, it is not regulated by the Health and Safety Code, but rather is exempt from th provisions of Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health an Safety Code for purposes of carrying out the contracts. (Cal Wel & Inst Code § 14087.95) Because it is exempt from and not regulated by the Knox-Keene Health Care Service Plan Act o 1975, it is not subject to the Confidentiality of Medical Information Act.(“CMIA”). (CA Civi Code § 56.05(g). Moreover, although Plaintiff amended the allegation in the original complaint tha Defendant was a “health care service plan” to allege in the FAC that Defendant is “a provider o health care, a contractor, and/or other authorized recipient of personal and confide
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DEMURRER The First cause of action fails to state a claim for which relief may be granted Defendant Alliance is special commission formed pursuant to California Welfare an Institutions Code Section 14087.54. (Ex. 1-3 to Phillip’s Dec. Santa Cruz County Code 7.58.010) As such, it is not regulated by the Health and Safety Code, but rather is exempt from th provisions of Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health an Safety Code for purposes of carrying out the contracts. (Cal Wel & Inst Code § 14087.95) Because it is exempt from and not regulated by the Knox-Keene Health Care Service Plan Act o 1975, it is not subject to the Confidentiality of Medical Information Act.(“CMIA”). (CA Civi Code § 56.05(g). Moreover, although Plaintiff amended the allegation in the original complaint tha Defendant was a “health care service plan” to allege in the FAC that Defendant is “a provider o health care, a contractor, and/or other authorized recipient of personal and confide