Mia Bonta
- Democratic
- Assemblymember
- District 18
Author
(1) Existing law provides that every individual possesses a fundamental right of privacy with respect to their personal reproductive decisions. Existing law prohibits the state from denying or interfering with a person's right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the person. Existing law requires a health insurer to take specified steps to protect the confidentiality of an insured's medical information, and prohibits an insurer from disclosing medical information related to sensitive health care services to the policyholder or any insureds other than the protected individual receiving care. Existing law generally prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information regarding a patient, enrollee, or subscriber without first obtaining an authorization, unless a specified exception applies, including that the disclosure is in response to a subpoena. Existing law prohibits an employer from using or disclosing medical information that it possesses pertaining to its employees without the patient having first signed an authorization, unless a specified exception applies, including that the disclosure is compelled by judicial or administrative process or by any other specific provision of law. Existing law authorizes a California court or attorney to issue a subpoena if a foreign subpoena has been sought in this state. This bill would prohibit compelling a person to identify or provide information that would identify or that is related to an individual who has sought or obtained an abortion in a state, county, city, or other local criminal, administrative, legislative, or other proceeding if the information is being requested based on another state's laws that interfere with a person's right to choose or obtain an abortion or a foreign penal civil action, as defined. The bill would authorize the Insurance Commissioner to assess a civil penalty, as specified, against an insurer that has disclosed an insured's confidential medical information. The bill would prohibit a provider of health care, a health care service plan, a contractor, or an employer from releasing medical information that would identify an individual or related to an individual seeking or obtaining an abortion in response to a subpoena or a request or to law enforcement if that subpoena, request, or the purpose of law enforcement for the medical information is based on, or for the purpose of enforcement of, either another state's laws that interfere with a person's rights to choose or obtain an abortion or a foreign penal civil action. The bill would prohibit issuance of a subpoena if the submitted foreign subpoena relates to a foreign penal civil action and the submitted foreign subpoena would require disclosure of information related to sensitive services, as defined. (2) Existing law sets forth the health care access rights of an incarcerated pregnant person and an incarcerated person who is identified as possibly pregnant or capable of becoming pregnant. Existing law prohibits the imposition of conditions or restrictions on an incarcerated person's ability to obtain an abortion. This bill would prohibit prison staff from disclosing identifying medical information related to an incarcerated person's right to seek and obtain an abortion if the information is being requested based on another state's law that interferes with a person's rights to choose or obtain an abortion or a foreign penal civil action. (3) This bill would incorporate additional changes to Sections 2029.300 and 2029.350 of the Code of Civil Procedure proposed by SB 107 to be operative only if this bill and SB 107 are enacted and this bill is enacted last. (4) This bill would declare that it is to take effect immediately as an urgency statute.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 628, Statutes of 2022.
Enrolled and presented to the Governor at 4 p.m.
Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 30. Noes 9. Page 5386.).
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 15.).
Assembly Rule 63 suspended.
In Assembly. Concurrence in Senate amendments pending.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
In committee: Hearing postponed by committee.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (June 29). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 9. Noes 2.) (June 14). Re-referred to Com. on HEALTH.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 54. Noes 16.).
Read third time and amended. Ordered to third reading. (Ayes 50. Noes 14. Page 4651.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 12. Noes 4.) (May 11).
Coauthors revised.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 3.) (April 26). Re-referred to Com. on APPR.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on HEALTH. (Ayes 7. Noes 2.) (April 5).
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
From printer. May be heard in committee March 17.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2091 | HTML |
| 02/14/22 - Introduced | |
| 03/24/22 - Amended Assembly | |
| 04/06/22 - Amended Assembly | |
| 05/12/22 - Amended Assembly | |
| 08/01/22 - Amended Senate | |
| 08/24/22 - Amended Senate | |
| 09/02/22 - Enrolled | |
| 09/27/22 - Chaptered |
| Document | Format |
|---|---|
| 04/02/22- Assembly Judiciary | |
| 04/22/22- Assembly Health | |
| 05/09/22- Assembly Appropriations | |
| 05/13/22- ASSEMBLY FLOOR ANALYSIS | |
| 06/10/22- Senate Judiciary | |
| 06/27/22- Senate Health | |
| 08/10/22- Sen. Floor Analyses | |
| 08/26/22- Sen. Floor Analyses | |
| 08/31/22- ASSEMBLY FLOOR ANALYSIS |
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