Amended in Senate August 15, 2016

Amended in Senate August 2, 2016

Amended in Senate June 1, 2016

Amended in Assembly April 27, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2119

Introduced by Assembly Member Chu

February 17, 2016

An act to amend Section 56.10 of the Civil Code, and to amend Sections 4514 and 5328.8 of the Welfare and Institutions Code, relating to medical information.

LEGISLATIVE COUNSEL’S DIGEST

AB 2119, as amended, Chu. Medical information: disclosure: medical examiners and forensic pathologists.

(1) Existing law, the Confidentiality of Medical Information Act, generally prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information regarding a patient of the provider of health care or an enrollee or subscriber of a health care service plan without first obtaining an authorization. The act, as exceptions to this prohibition, requires disclosure of medical information by a provider of health care, a health care service plan, or a contractor to a coroner when requested by the coroner in the course of investigation for specified purposes, and authorizes disclosure when requested by the coroner in the course of investigation for any other purpose. Under existing law, medical information obtained in the course of providing certain services to specified persons is confidential and not subject to disclosure under these exceptions.

This bill would subject medical information obtained in the course of providing those services to disclosure under the above-described exceptions, would expand those exceptions to include medical information requested by a medical examiner or forensic pathologist, as specified, and would provide that a medical examiner, forensic pathologist, or coroner, as described, is prohibited from disclosing the information contained in the medical record obtained pursuant to those exceptions to a 3rd party without a court order or authorization of the beneficiary or personal representative of the deceased patient.

(2) Existing law requires, when a person with a developmental disability dies from any cause, natural or otherwise, while hospitalized in a state developmental center, the State Department of Developmental Services, the physician and surgeon in charge of the client, or the professional in charge of the facility or his or her designee to release information and records to the coroner. Existing law prohibits that department and those persons from releasing any notes, summaries, transcripts, tapes, or records of conversations between the resident and health professional personnel of the hospital relating to the personal life of the resident that is not related to the diagnosis and treatment of the resident’s physical condition. Existing law also requires any information released to the coroner pursuant to this provision to remain confidential and to be sealed, and prohibits that information from being made part of the public record. Similar requirements and prohibitions apply to the State Department of State Hospitals, physicians, and professionals with respect to records regarding patients who die while hospitalized in a state mental hospital.

This bill would revise those provisions by deleting the prohibitions against releasing notes, summaries, transcripts, tapes, or records of conversations between the resident or patient and the health professional personnel of the hospital relating to the personal life of the resident or patient that is not related to the diagnosis and treatment of the resident’s or patient’s physical condition. The bill would instead expand those disclosure requirements to include the release of information and records to begin delete the end delete begin insert a end insert medical examiner, forensic pathologist, or coroner, as specified, upon request. The bill would prohibit the disclosure, except as specified, of any information contained in the medical record obtained pursuant to those exceptions to a 3rd party without a court order or authorization of the beneficiary or personal representative of the deceased patient.

The bill would also require a health facility, as defined, a health or behavioral health facility or clinic, and the physician in charge of the patient to release the patient’s medical record to begin delete the end delete begin insert a end insert medical examiner, forensic pathologist, or coroner, as specified, and upon request, when a patient dies from any cause, natural or otherwise. The bill would prohibit a medical examiner, forensic pathologist, or coroner from disclosing, except as specified, any information contained in the medical record obtained pursuant to these provisions without a court order or authorization of the beneficiary or personal representative of the deceased patient. begin delete By imposing a higher level of service on the counties, the bill would impose a state-mandated local program. end delete

(3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

begin delete

(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end delete begin delete

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Section 56.10 of the Civil Code is amended to
read:

56.10.  

(a) A provider of health care, health care service plan,
or contractor shall not disclose medical information regarding a
patient of the provider of health care or an enrollee or subscriber
of a health care service plan without first obtaining an
authorization, except as provided in subdivision (b) or (c).

(b) A provider of health care, a health care service plan, or a
contractor shall disclose medical information if the disclosure is
compelled by any of the following:

(1) By a court pursuant to an order of that court.

(2) By a board, commission, or administrative agency for
purposes of adjudication pursuant to its lawful authority.

(3) By a party to a proceeding before a court or administrative
agency pursuant to a subpoena, subpoena duces tecum, notice to
appear served pursuant to Section 1987 of the Code of Civil
Procedure, or any provision authorizing discovery in a proceeding
before a court or administrative agency.

(4) By a board, commission, or administrative agency pursuant
to an investigative subpoena issued under Article 2 (commencing
with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title
2 of the Government Code.

(5) By an arbitrator or arbitration panel, when arbitration is
lawfully requested by either party, pursuant to a subpoena duces
tecum issued under Section 1282.6 of the Code of Civil Procedure,
or another provision authorizing discovery in a proceeding before
an arbitrator or arbitration panel.

(6) By a search warrant lawfully issued to a governmental law
enforcement agency.

(7) By the patient or the patient’s representative pursuant to
Chapter 1 (commencing with Section 123100) of Part 1 of Division
106 of the Health and Safety Code.

(8) By a medical examiner, forensic pathologist, or coroner,
when requested in the course of an investigation by begin delete the end delete begin insert a end insert medical
examiner, forensic pathologist, or coroner’s office for the purpose
of identifying the decedent or locating next of kin, or when
investigating deaths that may involve public health concerns, organ
or tissue donation, child abuse, elder abuse, suicides, poisonings,
accidents, sudden infant deaths, suspicious deaths, unknown deaths,
or criminal deaths, or upon notification of, or investigation of,
imminent deaths that may involve organ or tissue donation pursuant
to Section 7151.15 of the Health and Safety Code, or when
otherwise authorized by the decedent’s representative. Medical
information requested by begin delete the end delete begin insert a end insert medical examiner, forensic
pathologist, or coroner under this paragraph shall be limited to
information regarding the patient who is the decedent and who is
the subject of the investigation or who is the prospective donor
and shall be disclosed to begin delete the end delete begin insert a end insert medical examiner, forensic
pathologist, or coroner without delay upon request. A medical
examiner, forensic pathologist, or coroner shall not disclose the
information contained in the medical record obtained pursuant to
this paragraph to a third party without a court order or authorization
pursuant to paragraph (4) of subdivision (c) of Section 56.11.

(9) When otherwise specifically required by law.

(c) A provider of health care or a health care service plan may
disclose medical information as follows:

(1) The information may be disclosed to providers of health
care, health care service plans, contractors, or other health care
professionals or facilities for purposes of diagnosis or treatment
of the patient. This includes, in an emergency situation, the
communication of patient information by radio transmission or
other means between emergency medical personnel at the scene
of an emergency, or in an emergency medical transport vehicle,
and emergency medical personnel at a health facility licensed
pursuant to Chapter 2 (commencing with Section 1250) of Division
2 of the Health and Safety Code.

(2) The information may be disclosed to an insurer, employer,
health care service plan, hospital service plan, employee benefit
plan, governmental authority, contractor, or other person or entity
responsible for paying for health care services rendered to the
patient, to the extent necessary to allow responsibility for payment
to be determined and payment to be made. If (A) the patient is, by
reason of a comatose or other disabling medical condition, unable
to consent to the disclosure of medical information and (B) no
other arrangements have been made to pay for the health care
services being rendered to the patient, the information may be
disclosed to a governmental authority to the extent necessary to
determine the patient’s eligibility for, and to obtain, payment under
a governmental program for health care services provided to the
patient. The information may also be disclosed to another provider
of health care or health care service plan as necessary to assist the
other provider or health care service plan in obtaining payment
for health care services rendered by that provider of health care or
health care service plan to the patient.

(3) The information may be disclosed to a person or entity that
provides billing, claims management, medical data processing, or
other administrative services for providers of health care or health
care service plans or for any of the persons or entities specified in
paragraph (2). However, information so disclosed shall not be
further disclosed by the recipient in a way that would violate this
part.

(4) The information may be disclosed to organized committees
and agents of professional societies or of medical staffs of licensed
hospitals, licensed health care service plans, professional standards
review organizations, independent medical review organizations
and their selected reviewers, utilization and quality control peer
review organizations as established by Congress in Public Law
97-248 in 1982, contractors, or persons or organizations insuring,
responsible for, or defending professional liability that a provider
may incur, if the committees, agents, health care service plans,
organizations, reviewers, contractors, or persons are engaged in
reviewing the competence or qualifications of health care
professionals or in reviewing health care services with respect to
medical necessity, level of care, quality of care, or justification of
charges.

(5) The information in the possession of a provider of health
care or a health care service plan may be reviewed by a private or
public body responsible for licensing or accrediting the provider
of health care or a health care service plan. However, no
patient-identifying medical information may be removed from the
premises except as expressly permitted or required elsewhere by
law, nor shall that information be further disclosed by the recipient
in a way that would violate this part.

(6) The information may be disclosed to a medical examiner,
forensic pathologist, or county coroner in the course of an
investigation by begin delete the end delete begin insert a end insert medical examiner, forensic pathologist, or
coroner’s office when requested for all purposes not included in
paragraph (8) of subdivision (b). A medical examiner, forensic
pathologist, or coroner shall not disclose the information contained
in the medical record obtained pursuant to this paragraph to a third
party without a court order or authorization pursuant to paragraph
(4) of subdivision (c) of Section 56.11.

(7) The information may be disclosed to public agencies, clinical
investigators, including investigators conducting epidemiologic
studies, health care research organizations, and accredited public
or private nonprofit educational or health care institutions for bona
fide research purposes. However, no information so disclosed shall
be further disclosed by the recipient in a way that would disclose
the identity of a patient or violate this part.

(8) A provider of health care or health care service plan that has
created medical information as a result of employment-related
health care services to an employee conducted at the specific prior
written request and expense of the employer may disclose to the
employee’s employer that part of the information that:

(A) Is relevant in a lawsuit, arbitration, grievance, or other claim
or challenge to which the employer and the employee are parties
and in which the patient has placed in issue his or her medical
history, mental or physical condition, or treatment, provided that
information may only be used or disclosed in connection with that
proceeding.

(B) Describes functional limitations of the patient that may
entitle the patient to leave from work for medical reasons or limit
the patient’s fitness to perform his or her present employment,
provided that no statement of medical cause is included in the
information disclosed.

(9) Unless the provider of health care or a health care service
plan is notified in writing of an agreement by the sponsor, insurer,
or administrator to the contrary, the information may be disclosed
to a sponsor, insurer, or administrator of a group or individual
insured or uninsured plan or policy that the patient seeks coverage
by or benefits from, if the information was created by the provider
of health care or health care service plan as the result of services
conducted at the specific prior written request and expense of the
sponsor, insurer, or administrator for the purpose of evaluating the
application for coverage or benefits.

(10) The information may be disclosed to a health care service
plan by providers of health care that contract with the health care
service plan and may be transferred among providers of health
care that contract with the health care service plan, for the purpose
of administering the health care service plan. Medical information
shall not otherwise be disclosed by a health care service plan except
in accordance with this part.

(11) This part does not prevent the disclosure by a provider of
health care or a health care service plan to an insurance institution,
agent, or support organization, subject to Article 6.6 (commencing
with Section 791) of Chapter 1 of Part 2 of Division 1 of the
Insurance Code, of medical information if the insurance institution,
agent, or support organization has complied with all of the
requirements for obtaining the information pursuant to Article 6.6
(commencing with Section 791) of Chapter 1 of Part 2 of Division
1 of the Insurance Code.

(12) The information relevant to the patient’s condition, care,
and treatment provided may be disclosed to a probate court
investigator in the course of an investigation required or authorized
in a conservatorship proceeding under the
Guardianship-Conservatorship Law as defined in Section 1400 of
the Probate Code, or to a probate court investigator, probation
officer, or domestic relations investigator engaged in determining
the need for an initial guardianship or continuation of an existing
guardianship.

(13) The information may be disclosed to an organ procurement
organization or a tissue bank processing the tissue of a decedent
for transplantation into the body of another person, but only with
respect to the donating decedent, for the purpose of aiding the
transplant. For the purpose of this paragraph, “tissue bank” and
“tissue” have the same meanings as defined in Section 1635 of the
Health and Safety Code.

(14) The information may be disclosed when the disclosure is
otherwise specifically authorized by law, including, but not limited
to, the voluntary reporting, either directly or indirectly, to the
federal Food and Drug Administration of adverse events related
to drug products or medical device problems, or to disclosures
made pursuant to subdivisions (b) and (c) of Section 11167 of the
Penal Code by a person making a report pursuant to Sections
11165.9 and 11166 of the Penal Code, provided that those
disclosures concern a report made by that person.

(15) Basic information, including the patient’s name, city of
residence, age, sex, and general condition, may be disclosed to a
state-recognized or federally recognized disaster relief organization
for the purpose of responding to disaster welfare inquiries.

(16) The information may be disclosed to a third party for
purposes of encoding, encrypting, or otherwise anonymizing data.
However, no information so disclosed shall be further disclosed
by the recipient in a way that would violate this part, including the
unauthorized manipulation of coded or encrypted medical
information that reveals individually identifiable medical
information.

(17) For purposes of disease management programs and services
as defined in Section 1399.901 of the Health and Safety Code,
information may be disclosed as follows: (A) to an entity
contracting with a health care service plan or the health care service
plan’s contractors to monitor or administer care of enrollees for a
covered benefit, if the disease management services and care are
authorized by a treating physician, or (B) to a disease management
organization, as defined in Section 1399.900 of the Health and
Safety Code, that complies fully with the physician authorization
requirements of Section 1399.902 of the Health and Safety Code,
if the health care service plan or its contractor provides or has
provided a description of the disease management services to a
treating physician or to the health care service plan’s or contractor’s
network of physicians. This paragraph does not require physician
authorization for the care or treatment of the adherents of a
well-recognized church or religious denomination who depend
solely upon prayer or spiritual means for healing in the practice
of the religion of that church or denomination.

(18) The information may be disclosed, as permitted by state
and federal law or regulation, to a local health department for the
purpose of preventing or controlling disease, injury, or disability,
including, but not limited to, the reporting of disease, injury, vital
events, including, but not limited to, birth or death, and the conduct
of public health surveillance, public health investigations, and
public health interventions, as authorized or required by state or
federal law or regulation.

(19) The information may be disclosed, consistent with
applicable law and standards of ethical conduct, by a
psychotherapist, as defined in Section 1010 of the Evidence Code,
if the psychotherapist, in good faith, believes the disclosure is
necessary to prevent or lessen a serious and imminent threat to the
health or safety of a reasonably foreseeable victim or victims, and
the disclosure is made to a person or persons reasonably able to
prevent or lessen the threat, including the target of the threat.

(20) The information may be disclosed as described in Section
56.103.

(21) (A) The information may be disclosed to an employee
welfare benefit plan, as defined under Section 3(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1002(1)),
which is formed under Section 302(c)(5) of the Taft-Hartley Act
(29 U.S.C. Sec. 186(c)(5)), to the extent that the employee welfare
benefit plan provides medical care, and may also be disclosed to
an entity contracting with the employee welfare benefit plan for
billing, claims management, medical data processing, or other
administrative services related to the provision of medical care to
persons enrolled in the employee welfare benefit plan for health
care coverage, if all of the following conditions are met:

(i) The disclosure is for the purpose of determining eligibility,
coordinating benefits, or allowing the employee welfare benefit
plan or the contracting entity to advocate on the behalf of a patient
or enrollee with a provider, a health care service plan, or a state
or federal regulatory agency.

(ii) The request for the information is accompanied by a written
authorization for the release of the information submitted in a
manner consistent with subdivision (a) and Section 56.11.

(iii) The disclosure is authorized by and made in a manner
consistent with the Health Insurance Portability and Accountability
Act of 1996 (Public Law 104-191).

(iv) Any information disclosed is not further used or disclosed
by the recipient in any way that would directly or indirectly violate
this part or the restrictions imposed by Part 164 of Title 45 of the
Code of Federal Regulations, including the manipulation of the
information in any way that might reveal individually identifiable
medical information.

(B) For purposes of this paragraph, Section 1374.8 of the Health
and Safety Code shall not apply.

(22) Information may be disclosed pursuant to subdivision (a)
of Section 15633.5 of the Welfare and Institutions Code by a person
required to make a report pursuant to Section 15630 of the Welfare
and Institutions Code, provided that the disclosure under
subdivision (a) of Section 15633.5 concerns a report made by that
person. Covered entities, as they are defined in Section 160.103
of Title 45 of the Code of Federal Regulations, shall comply with
the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) privacy rule pursuant to subsection
(c) of Section 164.512 of Title 45 of the Code of Federal
Regulations if the disclosure is not for the purpose of public health
surveillance, investigation, intervention, or reporting an injury or
death.

(d) Except to the extent expressly authorized by a patient,
enrollee, or subscriber, or as provided by subdivisions (b) and (c),
a provider of health care, health care service plan, contractor, or
corporation and its subsidiaries and affiliates shall not intentionally
share, sell, use for marketing, or otherwise use medical information
for a purpose not necessary to provide health care services to the
patient.

(e) Except to the extent expressly authorized by a patient or
enrollee or subscriber or as provided by subdivisions (b) and (c),
a contractor or corporation and its subsidiaries and affiliates shall
not further disclose medical information regarding a patient of the
provider of health care or an enrollee or subscriber of a health care
service plan or insurer or self-insured employer received under
this section to a person or entity that is not engaged in providing
direct health care services to the patient or his or her provider of
health care or health care service plan or insurer or self-insured
employer.

(f) For purposes of this section, a reference to a “medical
examiner, forensic pathologist, or coroner” means a coroner or
deputy coroner as described in subdivision (c) of Section 830.35
of the Penal Code, or a licensed physician who currently performs
official autopsies on behalf of a county coroner’s office or begin delete the end delete begin insert a end insert
medical examiner’s office, whether as a government employee or
under contract to that office.

SEC. 2.  

Section 4514 of the Welfare and Institutions Code is
amended to read:

4514.  

All information and records obtained in the course of
providing intake, assessment, and services under Division 4.1
(commencing with Section 4400), Division 4.5 (commencing with
Section 4500), Division 6 (commencing with Section 6000), or
Division 7 (commencing with Section 7100) to persons with
developmental disabilities shall be confidential. Information and
records obtained in the course of providing similar services to
either voluntary or involuntary recipients prior to 1969 shall also
be confidential. Information and records shall be disclosed only
in any of the following cases:

(a) In communications between qualified professional persons,
whether employed by a regional center or state developmental
center, or not, in the provision of intake, assessment, and services
or appropriate referrals. The consent of the person with a
developmental disability, or his or her guardian or conservator,
shall be obtained before information or records may be disclosed
by regional center or state developmental center personnel to a
professional not employed by the regional center or state
developmental center, or a program not vendored by a regional
center or state developmental center.

(b) When the person with a developmental disability, who has
the capacity to give informed consent, designates individuals to
whom information or records may be released, except that this
chapter shall not be construed to compel a physician and surgeon,
psychologist, social worker, marriage and family therapist,
professional clinical counselor, nurse, attorney, or other
professional to reveal information that has been given to him or
her in confidence by a family member of the person unless a valid
release has been executed by that family member.

(c) To the extent necessary for a claim, or for a claim or
application to be made on behalf of a person with a developmental
disability for aid, insurance, government benefit, or medical
assistance to which he or she may be entitled.

(d) If the person with a developmental disability is a minor,
dependent ward, or conservatee, and his or her parent, guardian,
conservator, limited conservator with access to confidential records,
or authorized representative, designates, in writing, persons to
whom records or information may be disclosed, except that this
chapter shall not be construed to compel a physician and surgeon,
psychologist, social worker, marriage and family therapist,
professional clinical counselor, nurse, attorney, or other
professional to reveal information that has been given to him or
her in confidence by a family member of the person unless a valid
release has been executed by that family member.

(e) For research, if the Director of Developmental Services
designates by regulation rules for the conduct of research and
requires the research to be first reviewed by the appropriate
institutional review board or boards. These rules shall include, but
need not be limited to, the requirement that all researchers shall
sign an oath of confidentiality as follows:

 

	“
	Date

 

As a condition of doing research concerning persons with
developmental disabilities who have received services from ____
(fill in the facility, agency or person), I, ____, agree to obtain the
prior informed consent of persons who have received services to
the maximum degree possible as determined by the appropriate
institutional review board or boards for protection of human
subjects reviewing my research, or the person’s parent, guardian,
or conservator, and I further agree not to divulge any information
obtained in the course of the research to unauthorized persons, and
not to publish or otherwise make public any information regarding
persons who have received services so those persons who received
services are identifiable.

I recognize that the unauthorized release of confidential
information may make me subject to a civil action under provisions
of the Welfare and Institutions Code.

 

	”
	Signed

 

(f) To the courts, as necessary to the administration of justice.

(g) To governmental law enforcement agencies as needed for
the protection of federal and state elective constitutional officers
and their families.

(h) To the Senate Committee on Rules or the Assembly
Committee on Rules for the purposes of legislative investigation
authorized by the committee.

(i) To the courts and designated parties as part of a regional
center report or assessment in compliance with a statutory or
regulatory requirement, including, but not limited to, Section
1827.5 of the Probate Code, Sections 1001.22 and 1370.1 of the
Penal Code, and Section 6502 of the Welfare and Institutions Code.

(j) To the attorney for the person with a developmental disability
in any and all proceedings upon presentation of a release of
information signed by the person, except that when the person
lacks the capacity to give informed consent, the regional center or
state developmental center director or designee, upon satisfying
himself or herself of the identity of the attorney, and of the fact
that the attorney represents the person, shall release all information
and records relating to the person except that this article shall not
be construed to compel a physician and surgeon, psychologist,
social worker, marriage and family therapist, professional clinical
counselor, nurse, attorney, or other professional to reveal
information that has been given to him or her in confidence by a
family member of the person unless a valid release has been
executed by that family member.

(k) Upon written consent by a person with a developmental
disability previously or presently receiving services from a regional
center or state developmental center, the director of the regional
center or state developmental center, or his or her designee, may
release any information, except information that has been given
in confidence by members of the family of the person with
developmental disabilities, requested by a probation officer charged
with the evaluation of the person after his or her conviction of a
crime if the regional center or state developmental center director
or designee determines that the information is relevant to the
evaluation. The consent shall only be operative until sentence is
passed on the crime of which the person was convicted. The
confidential information released pursuant to this subdivision shall
be transmitted to the court separately from the probation report
and shall not be placed in the probation report. The confidential
information shall remain confidential except for purposes of
sentencing. After sentencing, the confidential information shall be
sealed.

(l) Between persons who are trained and qualified to serve on
“multidisciplinary personnel” teams pursuant to subdivision (d)
of Section 18951. The information and records sought to be
disclosed shall be relevant to the prevention, identification,
management, or treatment of an abused child and his or her parents
pursuant to Chapter 11 (commencing with Section 18950) of Part
6 of Division 9.

(m) When a person with a developmental disability dies from
any cause, natural or otherwise, while hospitalized in a state
developmental center, the State Department of Developmental
Services, the physician and surgeon in charge of the client, or the
professional in charge of the facility or his or her designee, shall
release the patient’s medical record to begin delete the end delete begin insert a end insert medical examiner,
forensic pathologist, or coroner, upon request. Except for the
purposes included in paragraph (8) of subdivision (b) of Section
56.10 of the Civil Code, a medical examiner, forensic pathologist,
or coroner shall not disclose any information contained in the
medical record obtained pursuant to this subdivision without a
court order or authorization pursuant to paragraph (4) of
subdivision (c) of Section 56.11 of the Civil Code.

(n) To authorized licensing personnel who are employed by, or
who are authorized representatives of, the State Department of
Public Health, and who are licensed or registered health
professionals, and to authorized legal staff or special investigators
who are peace officers who are employed by, or who are authorized
representatives of, the State Department of Social Services, as
necessary to the performance of their duties to inspect, license,
and investigate health facilities and community care facilities, and
to ensure that the standards of care and services provided in these
facilities are adequate and appropriate and to ascertain compliance
with the rules and regulations to which the facility is subject. The
confidential information shall remain confidential except for
purposes of inspection, licensing, or investigation pursuant to
Chapter 2 (commencing with Section 1250) and Chapter 3
(commencing with Section 1500) of Division 2 of the Health and
Safety Code, or a criminal, civil, or administrative proceeding in
relation thereto. The confidential information may be used by the
State Department of Public Health or the State Department of
Social Services in a criminal, civil, or administrative proceeding.
The confidential information shall be available only to the judge
or hearing officer and to the parties to the case. Names that are
confidential shall be listed in attachments separate to the general
pleadings. The confidential information shall be sealed after the
conclusion of the criminal, civil, or administrative hearings, and
shall not subsequently be released except in accordance with this
subdivision. If the confidential information does not result in a
criminal, civil, or administrative proceeding, it shall be sealed after
the State Department of Public Health or the State Department of
Social Services decides that no further action will be taken in the
matter of suspected licensing violations. Except as otherwise
provided in this subdivision, confidential information in the
possession of the State Department of Public Health or the State
Department of Social Services shall not contain the name of the
person with a developmental disability.

(o) To any board that licenses and certifies professionals in the
fields of mental health and developmental disabilities pursuant to
state law, when the Director of Developmental Services has
reasonable cause to believe that there has occurred a violation of
any provision of law subject to the jurisdiction of a board and the
records are relevant to the violation. The information shall be
sealed after a decision is reached in the matter of the suspected
violation, and shall not subsequently be released except in
accordance with this subdivision. Confidential information in the
possession of the board shall not contain the name of the person
with a developmental disability.

(p) (1) To governmental law enforcement agencies by the
director of a regional center or state developmental center, or his
or her designee, when (1) the person with a developmental
disability has been reported lost or missing or (2) there is probable
cause to believe that a person with a developmental disability has
committed, or has been the victim of, murder, manslaughter,
mayhem, aggravated mayhem, kidnapping, robbery, carjacking,
assault with the intent to commit a felony, arson, extortion, rape,
forcible sodomy, forcible oral copulation, assault or battery, or
unlawful possession of a weapon, as provided in any provision
listed in Section 16590 of the Penal Code.

(2) This subdivision shall be limited solely to information
directly relating to the factual circumstances of the commission
of the enumerated offenses and shall not include any information
relating to the mental state of the patient or the circumstances of
his or her treatment unless relevant to the crime involved.

(3) This subdivision shall not be construed as an exception to,
or in any other way affecting, the provisions of Article 7
(commencing with Section 1010) of Chapter 4 of Division 8 of
the Evidence Code, or Chapter 11 (commencing with Section
15600) and Chapter 13 (commencing with Section 15750) of Part
3 of Division 9.

(q) To the Division of Juvenile Facilities and Department of
Corrections and Rehabilitation or any component thereof, as
necessary to the administration of justice.

(r) To an agency mandated to investigate a report of abuse filed
pursuant to either Section 11164 of the Penal Code or Section
15630 of the Welfare and Institutions Code for the purposes of
either a mandated or voluntary report or when those agencies
request information in the course of conducting their investigation.

(s) When a person with developmental disabilities, or the parent,
guardian, or conservator of a person with developmental disabilities
who lacks capacity to consent, fails to grant or deny a request by
a regional center or state developmental center to release
information or records relating to the person with developmental
disabilities within a reasonable period of time, the director of the
regional or developmental center, or his or her designee, may
release information or records on behalf of that person provided
both of the following conditions are met:

(1) Release of the information or records is deemed necessary
to protect the person’s health, safety, or welfare.

(2) The person, or the person’s parent, guardian, or conservator,
has been advised annually in writing of the policy of the regional
center or state developmental center for release of confidential
client information or records when the person with developmental
disabilities, or the person’s parent, guardian, or conservator, fails
to respond to a request for release of the information or records
within a reasonable period of time. A statement of policy contained
in the client’s individual program plan shall be deemed to comply
with the notice requirement of this paragraph.

(t) (1) When an employee is served with a notice of adverse
action, as defined in Section 19570 of the Government Code, the
following information and records may be released:

(A) All information and records that the appointing authority
relied upon in issuing the notice of adverse action.

(B) All other information and records that are relevant to the
adverse action, or that would constitute relevant evidence as
defined in Section 210 of the Evidence Code.

(C) The information described in subparagraphs (A) and (B)
may be released only if both of the following conditions are met:

(i) The appointing authority has provided written notice to the
consumer and the consumer’s legal representative or, if the
consumer has no legal representative or if the legal representative
is a state agency, to the clients’ rights advocate, and the consumer,
the consumer’s legal representative, or the clients’ rights advocate
has not objected in writing to the appointing authority within five
business days of receipt of the notice, or the appointing authority,
upon review of the objection has determined that the circumstances
on which the adverse action is based are egregious or threaten the
health, safety, or life of the consumer or other consumers and
without the information the adverse action could not be taken.

(ii) The appointing authority, the person against whom the
adverse action has been taken, and the person’s representative, if
any, have entered into a stipulation that does all of the following:

(I) Prohibits the parties from disclosing or using the information
or records for any purpose other than the proceedings for which
the information or records were requested or provided.

(II) Requires the employee and the employee’s legal
representative to return to the appointing authority all records
provided to them under this subdivision, including, but not limited
to, all records and documents or copies thereof that are no longer
in the possession of the employee or the employee’s legal
representative because they were from any source containing
confidential information protected by this section, and all copies
of those records and documents, within 10 days of the date that
the adverse action becomes final except for the actual records and
documents submitted to the administrative tribunal as a component
of an appeal from the adverse action.

(III) Requires the parties to submit the stipulation to the
administrative tribunal with jurisdiction over the adverse action
at the earliest possible opportunity.

(2) For the purposes of this subdivision, the State Personnel
Board may, prior to any appeal from adverse action being filed
with it, issue a protective order, upon application by the appointing
authority, for the limited purpose of prohibiting the parties from
disclosing or using information or records for any purpose other
than the proceeding for which the information or records were
requested or provided, and to require the employee or the
employee’s legal representative to return to the appointing authority
all records provided to them under this subdivision, including, but
not limited to, all records and documents from any source
containing confidential information protected by this section, and
all copies of those records and documents, within 10 days of the
date that the adverse action becomes final, except for the actual
records and documents that are no longer in the possession of the
employee or the employee’s legal representatives because they
were submitted to the administrative tribunal as a component of
an appeal from the adverse action.

(3) Individual identifiers, including, but not limited to, names,
social security numbers, and hospital numbers, that are not
necessary for the prosecution or defense of the adverse action,
shall not be disclosed.

(4) All records, documents, or other materials containing
confidential information protected by this section that have been
submitted or otherwise disclosed to the administrative agency or
other person as a component of an appeal from an adverse action
shall, upon proper motion by the appointing authority to the
administrative tribunal, be placed under administrative seal and
shall not, thereafter, be subject to disclosure to any person or entity
except upon the issuance of an order of a court of competent
jurisdiction.

(5) For purposes of this subdivision, an adverse action becomes
final when the employee fails to answer within the time specified
in Section 19575 of the Government Code, or, after filing an
answer, withdraws the appeal, or, upon exhaustion of the
administrative appeal or of the judicial review remedies as
otherwise provided by law.

(u) To the person appointed as the developmental services
decisionmaker for a minor, dependent, or ward pursuant to Section
319, 361, or 726.

(v) To a protection and advocacy agency established pursuant
to Section 4901, to the extent that the information is incorporated
within any of the following:

(1) An unredacted facility evaluation report form or an
unredacted complaint investigation report form of the State
Department of Social Services. This information shall remain
confidential and subject to the confidentiality requirements of
subdivision (f) of Section 4903.

(2) An unredacted citation report, unredacted licensing report,
unredacted survey report, unredacted plan of correction, or
unredacted statement of deficiency of the State Department of
Public Health, prepared by authorized licensing personnel or
authorized representatives described in subdivision (n). This
information shall remain confidential and subject to the
confidentiality requirements of subdivision (f) of Section 4903.

(w) When a comprehensive assessment is conducted or updated
pursuant to Section 4418.25, 4418.7, or 4648, a regional center is
authorized to provide the assessment to the regional center clients’
rights advocate, who provides service pursuant to Section 4433.

begin insert

(x) For purposes of this section, a reference to a “medical
examiner, forensic pathologist, or coroner” means a coroner or
deputy coroner, as described in subdivision (c) of Section 830.35
of the Penal Code, or a licensed physician who currently performs
official autopsies on behalf of a county coroner’s office or a
medical examiner’s office, whether as a government employee or
under contract to that office.

end insert

SEC. 3.  

Section 5328.8 of the Welfare and Institutions Code
is amended to read:

5328.8.  

(a) The State Department of State Hospitals, the
physician in charge of the patient, or the professional person in
charge of the facility or his or her designee, shall release the
patient’s medical record to begin delete the end delete begin insert a end insert medical examiner, forensic
pathologist, or coroner, upon request, when a patient dies from
any cause, natural or otherwise, while hospitalized in a state mental
hospital. Except for the purposes included in paragraph (8) of
subdivision (b) of Section 56.10 of the Civil Code, a medical
examiner, forensic pathologist, or coroner shall not disclose any
information contained in the medical record obtained pursuant to
this subdivision without a court order or authorization pursuant to
paragraph (4) of subdivision (c) of Section 56.11 of the Civil Code.

(b) A health facility, as defined in Section 1250 of the Health
and Safety Code, a health or behavioral health facility or clinic,
and the physician in charge of the patient shall release the patient’s
medical record to begin delete the end delete begin insert a end insert medical examiner, forensic pathologist, or
coroner, upon request, when a patient dies from any cause, natural
or otherwise. Except for the purposes included in paragraph (8) of
subdivision (b) of Section 56.10 of the Civil Code, a medical
examiner, forensic pathologist, or coroner shall not disclose any
information contained in the medical record obtained pursuant to
this subdivision without a court order or authorization pursuant to
paragraph (4) of subdivision (c) of Section 56.11 of the Civil Code.

begin insert

(c) For purposes of this section, a reference to a “medical
examiner, forensic pathologist, or coroner” means a coroner or
deputy coroner, as described in subdivision (c) of Section 830.35
of the Penal Code, or a licensed physician who currently performs
official autopsies on behalf of a county coroner’s office or a
medical examiner’s office, whether as a government employee or
under contract to that office.

end insert

SEC. 4.  

The Legislature finds and declares that this act imposes
a limitation on the public’s right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes
the following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:

The privacy rights of the decedent would be impaired if the
records released to a medical examiner, forensic pathologist, or
coroner regarding the decedent were released to the public.

begin delete

SEC. 5.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end delete