BILL NUMBER: AB 435 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 1999
AMENDED IN SENATE JUNE 2, 1999
AMENDED IN ASSEMBLY APRIL 15, 1999
INTRODUCED BY Assembly Member Corbett
(Coauthors: Assembly Members Aanestad, Alquist, Aroner, Cardoza,
Knox, Kuehl, Longville, and Washington)
(Coauthors: Senators Sher and Solis)
FEBRUARY 12, 1999
An act to amend Section 56.30 of the Civil Code, relating to
workers' compensation.
LEGISLATIVE COUNSEL'S DIGEST
AB 435, as amended, Corbett. Workers' compensation: medical
records: disclosure.
(1) Existing law provides that medical information and records
that are obtained as a result of a claim for workers' compensation
are exempt from the Confidentiality of Medical Information Act.
This bill would limit the exemption to medical information and
records that are directly related relevant
to an employee's claim for workers' compensation. The bill
would state the term "directly related"
"relevant" includes any medical records or information
regarding a prior injury that is directly related to an
existing claim and necessary for the purpose of resolving that
or medical condition that is relevant to an existing
claim. The bill would provide that medical information and
records that are not directly related
relevant to resolving a worker's claim for workers'
compensation are subject to the Confidentiality of Medical
Information Act. The bill would express legislative intent
relating to the changes that would be made by the bill.
(2) Existing law makes a violation of the Confidentiality of
Medical Information Act which results in economic loss or personal
injury to a patient a crime.
This bill, by including medical records and information subject to
the Confidentiality of Medical Information Act that previously were
excluded, broadens the scope of that crime, thus creating a
state-mandated local program.
(3) 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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 56.30 of the Civil Code is amended to read:
56.30. The disclosure and use of the following medical
information shall not be subject to the limitations of this part:
(a) (Mental health and developmental disabilities) Information and
records obtained in the course of providing services under Division
4 (commencing with Section 4001), Division 4.1 (commencing with
Section 4400), Division 4.5 (commencing with Section 4500), Division
5 (commencing with Section 5000), Division 6 (commencing with Section
6000), or Division 7 (commencing with Section 7100) of the Welfare
and Institutions Code.
(b) (Public social services) Information and records that are
subject to Sections 10850, 14124.1, and 14124.2 of the Welfare and
Institutions Code.
(c) (State health services, communicable diseases, developmental
disabilities) Information and records maintained pursuant to former
Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of
the Health and Safety Code and pursuant to the Communicable Disease
Prevention and Control Act (subdivision (a) of Section 27 of the
Health and Safety Code).
(d) (Licensing and statistics) Information and records maintained
pursuant to Division 2 (commencing with Section 1200) and Part 1
(commencing with Section 102100) of the Health and Safety Code;
pursuant to Chapter 3 (commencing with Section 1200) of Division 2 of
the Business and Professions Code; and pursuant to Section 8608,
8706, 8817, or 8909 of the Family Code.
(e) (Medical survey, workers' safety) Information and records
acquired and maintained or disclosed pursuant to Sections 1380 and
1382 of the Health and Safety Code and pursuant to Division 5
(commencing with Section 6300) of the Labor Code.
(f) (Industrial accidents) Information and records acquired,
maintained, or disclosed pursuant to Division 1 (commencing with
Section 50), Division 4 (commencing with Section 3201), Division 4.5
(commencing with Section 6100), and Division 4.7 (commencing with
Section 6200) of the Labor Code, that are directly related
relevant to an employee's claim for workers'
compensation. Medical information and records that are not
directly related relevant to resolving a worker'
s claim for workers' compensation are subject to the limitations of
this part. For purposes of this subdivision, the term
"directly related" "relevant" includes any
medical records or information regarding a prior injury that
is directly related to an existing claim and necessary for the
purpose of resolving that or medical condition that is
relevant to an existing claim.
(g) (Law enforcement) Information and records maintained by a
health facility which are sought by a law enforcement agency under
Chapter 3.5 (commencing with Section 1543) of Title 12 of Part 2 of
the Penal Code.
(h) (Investigations of employment accident or illness) Information
and records sought as part of an investigation of an on-the-job
accident or illness pursuant to Division 5 (commencing with Section
6300) of the Labor Code or pursuant to Section 105200 of the Health
and Safety Code.
(i) (Alcohol or drug abuse) Information and records subject to the
federal alcohol and drug abuse regulations (Part 2 (commencing with
Section 2.1) of subchapter A of Chapter 1 of Title 42 of the Code of
Federal Regulations) or to Section 11977 of the Health and Safety
Code dealing with narcotic and drug abuse.
(j) (Patient discharge data) Nothing in this part shall be
construed to limit, expand, or otherwise affect the authority of the
California Health Facilities Commission to collect patient discharge
information from health facilities pursuant to Section 441.18 of the
Health and Safety Code.
(k) Medical information and records disclosed to, and their use
by, the Insurance Commissioner, the Commissioner of Corporations, the
Division of Industrial Accidents, the Workers' Compensation Appeals
Board, the Department of Insurance, or the Department of
Corporations.
SEC. 2. The amendments made to subdivision (f) of Section
56.30 of the Civil Code in the 1999-2000 Regular Session by Assembly
Bill 435 are not intended either to abrogate the holdings in Allison
v. Workers' Comp. Appeals Bd. (1999) 72 Cal.App.4th 654, or to
prohibit a redaction decision by a workers' compensation judge from
being appealed to the Workers' Compensation Appeals Board.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIIIB of the California Constitution.