AB 2119

Bill Subjects

Abstract

(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 a 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 a 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. (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.