BILL ANALYSIS
AB 2028
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2028 (Hernandez)
As Amended August 9, 2010
Majority vote
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|ASSEMBLY: |74-0 |(May 6, 2010) |SENATE: |32-0 |(August 12, |
| | | | | |2010) |
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Original Committee Reference: HEALTH
SUMMARY : Amends the Confidentiality of Medical Information Act
(CMIA) to expressly authorize mandated reporters of child abuse
and neglect and elder and dependent adult abuse to subsequently
disclose requested information to the agency investigating the
report of abuse or neglect. Exempts information disclosed by a
psychotherapist who is making a report from existing law's
requirement that the entity requesting the information meet
certain request and notification requirements. Makes a
technical correction to last year's AB 681 (Hernandez), Chapter
464, Statutes of 2009.
The Senate amendments :
1)Specify that health care providers who are covered by the
federal Health Insurance Portability and Accountability Act
must comply with the requirements of that law if the
disclosure is not for the purpose of public health
surveillance, investigation or intervention, or reporting an
injury or death.
2)Make a technical correction to AB 681.
3)Make a technical amendment to make clear that this bill is
authorizing a mandated reporter to disclose information to an
investigating agency about abuse that the individual reported.
AS PASSED BY THE ASSEMBLY , this bill permitted mandated
reporters of child abuse or neglect or elder and dependent adult
abuse to disclose information to an agency investigating the
report of abuse, notwithstanding the general prohibition against
disclosing a patient's medical information without the patient's
consent. Exempted an agency investigating reports of child,
AB 2028
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elder, or dependent adult abuse or neglect from an existing law
that requires an entity requesting medical information related
to outpatient psychotherapy to submit a written request that
contains specified information and to send a copy of the written
request to the patient within 30 days of receipt of the
requested information.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the sponsor, the California Association
of Marriage and Family Therapists (CAMFT), this bill clarifies
in CMIA that psychotherapists and other health care providers
who report suspected child abuse or neglect are allowed to
provide information related to the incident of child abuse or
neglect to those who are investigating the report. CAMFT
believes that this exception deserves specific mention to make
it abundantly clear that a mandated reporter of child abuse is
permitted, without prior authorization of the patient, to
cooperate with the investigator of the reported, suspected, or
known child abuse.
CMIA regulates under state law whether and when medical
information can be disclosed. CMIA prohibits, with certain
exceptions, a health care provider or health plan from
disclosing medical information regarding a patient of the health
care provider or an enrollee of the health plan without first
obtaining an authorization from the patient, his or her legal
representative, or other specified persons. There are
exceptions from this prohibition that either require or permit a
health care provider or health plan to disclose medical
information under specified circumstances. For example, health
care providers and health plans are required to disclose medical
information if the disclosure is compelled by a court order,
through a subpoena, by a search warrant issued to a law
enforcement agency, or by a patient seeking access to their own
medical records. CMIA permits health care providers and health
plans to disclose medical information under specified
circumstances, such as for purposes of diagnosis and treatment
of the patient, to allow responsibility for payment to be
determined and payment to be made, for billing, claims
management, and medical data processing.
Last year, the Legislature passed AB 681 which creates an
exception to the AB 416 (Machado), Chapter 527, Statutes of 1999
AB 2028
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requirements when the patient's psychotherapist believes, in
good faith, that the disclosure is necessary to prevent or
lessen a serious and imminent threat to the health or safety of
a reasonably foreseeable victim. This bill creates a similar
exception for information relevant to the incident of child
abuse or neglect that can be provided to an investigator or a
licensing agency that is investigating the case.
Analysis Prepared by : Martin Radosevich / HEALTH / (916)
319-2097
FN: 0005798