BILL ANALYSIS
AB 1994
Page 1
Date of Hearing: April 18, 2006
ASSEMBLY COMMITTEE ON JUDICIARY
Dave Jones, Chair
AB 1994 (Leslie) - As Introduced: February 9, 2006
PROPOSED CONSENT
SUBJECT : HEALTH RECORDS: MINORS: ACCESS
KEY ISSUE : SHOULD A HEALTH CARE PROVIDER RECEIVE THE SAME
LIABILITY PROTECTION FOR HIS OR HER DECISION WHETHER OR NOT TO
ALLOW THE REPRESENTATIVE OF A MINOR PATIENT TO COPY THE MINOR
PATIENT'S MEDICAL RECORDS AS HE OR SHE CURRENTLY HAS FOR A
DECISION NOT TO ALLOW INSPECTION OF SUCH RECORDS?
SYNOPSIS
This non-controversial bill provides the same liability
protection a health care provider currently has for his or her
decision to allow inspection of a minor patient's medical
records when the health care provider decides whether or not to
allow the minor's representative to copy the minor patient's
records. The sponsor of the bill, the California Association of
Marriage and Family Therapists, believes the omission of copying
in the statute addressing inspection generally was simply a
drafting oversight. It contends, with logic behind the
argument, that the addition of the words "or copying" to Health
and Safety Code Section 123115 (a)(2) will correct this
oversight.
SUMMARY : Seeks to correct a drafting oversight by providing the
same liability protection a health care provider currently has
for his or her decision to allow inspection of a minor patient's
medical records when the health care provider decides whether or
not to allow the minor's representative to copy the minor
patient's records. Specifically, this bill exempts a health
care provider from liability when he or she does not make a
minor's health records available for copying by the minor's
representative because the provider has determined that access
to the patient's records by the representative of a minor would
have a detrimental effect on the provider's relationship with
the minor.
EXISTING LAW :
AB 1994
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1)Entitles any adult patient, any minor patient authorized by
law to consent to medical treatment, and any patient
representative to inspect patient records upon presenting to
the health care provider a written request for those records
and upon payment of reasonable clerical costs to make such
records available.
2)Allows the patient or patient's representative to copy all or
any portion of his or her records that he or she has a right
to inspect, upon written request to the health care provider
specifying the records to be copied.
3)Prevents a minor's representative from inspecting or obtaining
copies of the minor's medical records under the following
circumstances:
a) When the minor's health care provider determines
that access to the requested medical records would be
detrimental to the provider's professional relationship
with the minor or to the minor's physical safety or
psychological well-being; or,
b) If the request pertains to health care of a type for
which the minor is lawfully authorized to consent, in
which case the minor must initiate the request.
4)Exempts a health care provider from liability when he or she
does not make a minor's health records available for
inspection because the provider has determined that access to
the patient's records by the minor's representative would have
a detrimental effect on the provider's relationship with the
minor, except in cases of bad faith. (Health and Safety Code
section 123115. Emphasis added.)
FISCAL EFFECT : This bill as currently in print is keyed
non-fiscal.
COMMENTS : This non-controversial bill simply corrects an
apparent drafting oversight. According to the sponsor, the
California Association of Marriage and Family Therapists, the
omission of copying in the current statute exempting a health
care provider from liability when he or she does not make a
minor's health records available for inspection because the
provider has determined that access to the patient's records by
AB 1994
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the minor's representative would have a detrimental effect on
the provider's relationship with the minor, was merely a
drafting oversight. According to the author, this bill would
provide the same liability protections to a health care
provider's decision regarding the copying of a minor's medical
records as is provided under current law to the inspection of
those medical records. In support, the author writes:
Under existing law (Health and Safety Code Section 123115
(a) (2), when a health care provider determines that
allowing a representative of a minor patient to inspect or
copy the patient's medical records would have a detrimental
effect on the provider's professional relationship with the
minor or the minor's physical safety or psychological
well-being, he or she may deny the representative access to
the records.
In addition, the decision of the health care provider
whether or not to make the records available for inspection
shall not attach any liability to the provider, unless the
decision is found to be in bad faith. However, the way the
statute is worded does not explicitly provide the same
protection for the decision of the provider whether or not
to make the minor's records available for copying. It is
anomalous that the decision whether or not to allow
inspection is protected, but the decision whether or not to
allow copying is not protected, since copying ultimately
allows inspection by the representative (and others).
The author further contends that the public policy behind the
current law, which does not to attach liability to the
provider's decision whether to allow a minor's representative to
inspect the minor's medical records, is to protect the minor.
The same public policy should apply as well to a decision not to
allow the representative to copy the records.
Existing law (Health and Safety Code Section 123115) establishes
procedures for providing access to health care records or
summaries of records by patients and patient's representatives
who have responsibility for decisions regarding the health care
of the patient. It also provides an exception for a health care
provider to refuse the request of a minor's representative to
inspect or obtain copies of the minor's records under certain
circumstances.
AB 1994
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Although current law allows a health care provider to make
decisions regarding whether or not to make the minor's records
available for inspection or copying, the provider is only exempt
from liability regarding his or her decision on making the
records available for inspection. Thus, this bill addresses a
concern that a provider could be held liable for his or her
decision regarding whether or not to make the minor's records
available for copying.
Double referral . This bill previously passed the Assembly
Health Committee by a vote of 14-0 on April 4th.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Marriage and Family Therapists
(sponsor)
Opposition
None on file
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334