BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 282|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
CONSENT
Bill No: SB 282
Author: Yee (D)
Amended: As introduced
Vote: 21
SENATE JUDICIARY COMMITTEE : 6-0, 5/7/13
AYES: Evans, Anderson, Corbett, Jackson, Leno, Monning
NO VOTE RECORDED: Walters
SUBJECT : Confidential medical information: required
authorization to disclose
SOURCE : California Association of Marriage and Family
Therapists
DIGEST : This bill extends provisions to require that the
authorization to disclose medical information also accompany a
demand for settlement or offer to compromise issued prior to the
service of a complaint in any action arising out of the
professional negligence of a person holding a valid license as a
marriage and family therapist, similar to requirements for
physicians or surgeons.
ANALYSIS :
Existing law:
1. Defines "medical information" to mean any individually
identifiable information, in electronic or physical form, in
possession of or derived from a provider of health care,
CONTINUED
SB 282
Page
2
health care service plan, pharmaceutical company, or
contractor regarding a patient's medical history, mental or
physical condition, or treatment. Existing law defines
"individually identifiable" to mean that the medical
information includes or contains any element of personal
identifying information sufficient to allow identification of
the individual, such as the patient's name, address,
electronic mail address, telephone number, or social security
number, or other information that, alone or in combination
with other publicly available information, reveals the
individual's identity.
2. Provides that an authorization for the release of medical
information by a provider of health care, health care service
plan, pharmaceutical company, or contractor is valid only if
specified conditions are met, including:
A. The authorization is clearly separate from any other
language present on the same page and is executed by a
signature which serves no other purpose than to execute
the authorization.
B. The authorization is signed and dated by the patient,
the patient's representative, or the spouse of the
patient, as specified.
C. The authorization states the specific uses and
limitations on the types of medical information to be
disclosed.
D. The authorization states the name or functions of the
provider of health care, health care service plan,
pharmaceutical company, or contractor that may disclose
the medical information.
E. The authorization states the name or functions of the
persons or entities authorized to receive the medical
information.
F. The authorization states the specific uses and
limitations on the use of the medical information by the
persons or entities authorized to receive the medical
information.
CONTINUED
SB 282
Page
3
3. Requires that whenever, prior to the service of a complaint
upon a defendant in an action arising out of the professional
negligence against a surgeon or physician, a demand for
settlement or offer to compromise is made on a patient's
behalf shall be accompanied by an authorization to disclose
medical information to persons or organizations insuring,
responsible for, or defending professional liability that the
physician or surgeon may incur. Existing law further
provides that the authorization shall authorize disclosure of
information which is necessary to investigate issues of
liability and the extent of potential damages in evaluating
the merits of the demand or offer.
This bill adds licensed marriage and family therapists (MFT) to
the above provision, thus requiring that any settlement demand
or offer to compromise served on a MFT shall be accompanied by
an authorization to disclose medical information, as specified.
Background
The Confidentiality of Medical Information Act (CMIA) protects
the privacy of medical records by specifying how and to whom the
information they contain may be released. Under the CMIA, no
healthcare provider may disclose medical information without
first obtaining an authorization, except in specified
circumstances, including when compelled to do so by a party to a
proceeding before a court or administrative agency.
SB 1229 (Keene, Chapter 484, Statutes 1985) required that
pre-litigation demands for settlement or offers to compromise
based on a physician's or surgeon's alleged professional
negligence be accompanied by an authorization to disclose to an
insurer any medical information necessary to investigate the
issue of liability and the extent of potential damages in
evaluating the merits of the demand. This bill extends the same
requirement to prelitigation demands based on the alleged
professional negligence of a licensed marriage and family
therapist.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 5/9/13)
CONTINUED
SB 282
Page
4
California Association of Marriage and Family Therapists
(source)
ARGUMENTS IN SUPPORT : According to the author, "In the case
that an [licensed marriage and family therapist] LMFT is sued
for malpractice there is currently no requirement that the
LMFT's insurer be granted access to the medical records of the
patient before a settlement is made. The medical records are an
essential element in determining whether or not to agree to a
settlement, and without the information necessary to fully
evaluate the claim it is unfair to expect an insurer to respond
to a claim in a timely manner."
AL:d 5/9/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED