BILL NUMBER: AB 2119 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 1, 2016
AMENDED IN ASSEMBLY APRIL 27, 2016
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 underlying medical information
records obtained pursuant to those exceptions to a 3rd party
without a court order. 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 the
medical examiner, forensic pathologist, or coroner, as specified,
upon request. The bill would prohibit the disclosure of the
underlying medical records 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 information obtained in the course
of providing services relating to community mental health services,
voluntary admissions and judicial commitments to mental hospitals,
and county psychiatric hospitals to the 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 the underlying medical records obtained pursuant to these
provisions without a court order or authorization of the beneficiary
or personal representative of the deceased patient. By imposing a
higher level of service on the counties, the bill would impose a
state-mandated local program.
(2)
(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.
(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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
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 the 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 the 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 the medical examiner, forensic pathologist, or coroner without
delay upon request. A medical examiner, forensic pathologist, or
coroner shall not disclose the underlying medical
information records obtained pursuant to this
paragraph to a third party without a court order.
Notwithstanding any other law, Sections 4514 and 5328 of the Welfare
and Institutions Code shall not apply to information requested
pursuant to this paragraph. 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 the 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 underlying
medical information records obtained
pursuant to this paragraph to a third party without a court
order. Notwithstanding any other law, Sections 4514 and 5328 of the
Welfare and Institutions Code shall not apply to information
requested pursuant to this paragraph. 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" is limited to
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 the 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 information and
records to the coroner. 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 not release 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. Any information released to the
coroner pursuant to this section shall remain confidential and shall
be sealed and shall not be made part of the public record.
medical examiner, forensic pathologist, or coroner upon request.
A medical examiner, forensic pathologist, or coroner shall not
disclose the underlying medical records 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.
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, except as otherwise provided in this section,
shall release information obtained in the course
of providing services under Division 5 (commencing with Section
5000), Division 6 (commencing with Section 6000), or Division 7
(commencing with Section 7100), to the coroner
medical e xaminer, forensic pathologist, or coroner,
upon request, when a patient dies from any cause, natural or
otherwise, while hospitalized in a state mental hospital.
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 not release any notes, summaries,
transcripts, tapes, or records of conversations between the patient
and health professional personnel of the hospital relating to the
personal life of the patient which is not related to the diagnosis
and treatment of the patient's physical condition. Any information
released to the coroner pursuant to this section shall remain
confidential and shall be sealed and shall not be made part of the
public record. A medical examiner, forensic
pathologist, or coroner shall not disclose the underlying medical
records 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 information
obtained in the course of providing services pursuant to Division 5
(commencing with Section 5000), Division 6 (commencing with Section
6000), or Division 7 (commencing with Section 7100), to the medical
examiner, forensic pathologist, or coroner, upon request, when a
patient dies from any cause, natural or otherwise. A medical
examiner, forensic pathologist, or coroner shall not disclose the
underlying medical records 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.
SEC. 2. 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
information records released to a
medical examiner, forensic pathologist, or coroner regarding the
decedent were released to the public.
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.