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Measure SB 81
Authors Arreguín  
Principle Coauthors: Menjivar   Pérez  
Coauthors: Archuleta   Caballero   Durazo   Gonzalez   Limón   Rubio   Bauer-Kahan   Bonta   Caloza   Carrillo   Ortega   Pellerin   Celeste Rodriguez   Solache  
Subject Health and care facilities: information sharing.
Relating To relating to health and care facilities.
Title An act to amend Sections 56.05 and 56.10 of the Civil Code, and to add Chapter 2 (commencing with Section 24250) to Division 20 of the Health and Safety Code, relating to health and care facilities, and declaring the urgency thereof, to take effect immediately.
Last Action Dt 2025-09-20
State Chaptered
Status Chaptered
Active? Y
Vote Required Two Thirds
Appropriation No
Fiscal Committee Yes
Local Program Yes
Substantive Changes None
Urgency Yes
Tax Levy No
Leginfo Link Bill
Actions
2025-09-20     Chaptered by Secretary of State. Chapter 123, Statutes of 2025.
2025-09-20     Approved by the Governor.
2025-09-09     Enrolled and presented to the Governor at 2 p.m.
2025-09-02     Read third time. Urgency clause adopted. Passed. (Ayes 58. Noes 11. Page 2809.) Ordered to the Senate.
2025-09-02     In Senate. Concurrence in Assembly amendments pending.
2025-09-02     Assembly amendments concurred in. (Ayes 30. Noes 7. Page 2403.) Ordered to engrossing and enrolling.
2025-08-21     Read second time. Ordered to third reading.
2025-08-21     Read third time and amended.
2025-08-21     Ordered to third reading.
2025-08-20     From committee: Do pass. (Ayes 11. Noes 3.) (August 20).
2025-07-17     From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
2025-07-15     Read second time and amended. Re-referred to Com. on APPR.
2025-07-14     From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 3.) (July 8).
2025-06-27     From committee with author's amendments. Read second time and amended. Re-referred to Com. on P. & C.P.
2025-06-25     Coauthors revised.
2025-06-25     From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 11. Noes 1.) (June 24). Re-referred to Com. on P. & C.P.
2025-06-13     From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
2025-06-09     Referred to Coms. on HEALTH and P. & C.P.
2025-06-03     In Assembly. Read first time. Held at Desk.
2025-06-02     Read third time. Urgency clause adopted. Passed. (Ayes 28. Noes 7. Page 1365.) Ordered to the Assembly.
2025-05-23     Read second time. Ordered to third reading.
2025-05-23     From committee: Do pass. (Ayes 5. Noes 1. Page 1191.) (May 23).
2025-05-16     Set for hearing May 23.
2025-05-12     May 12 hearing: Placed on APPR. suspense file.
2025-05-06     Set for hearing May 12.
2025-05-06     From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
2025-05-01     Read second time and amended. Re-referred to Com. on APPR.
2025-04-30     From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 938.) (April 29).
2025-04-24     From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 1. Page 867.) (April 23). Re-referred to Com. on JUD.
2025-04-17     Set for hearing April 29 in JUD. pending receipt.
2025-04-08     Set for hearing April 23.
2025-04-02     Re-referred to Coms. on HEALTH and JUD.
2025-03-24     From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
2025-01-29     Referred to Com. on RLS.
2025-01-21     From printer. May be acted upon on or after February 17.
2025-01-17     Introduced. Read first time. To Com. on RLS. for assignment. To print.
Keywords
Tags
Versions
Chaptered     2025-09-20
Enrolled     2025-09-04
Amended Assembly     2025-08-21
Amended Assembly     2025-07-17
Amended Assembly     2025-07-15
Amended Assembly     2025-06-27
Amended Assembly     2025-06-13
Amended Senate     2025-05-06
Amended Senate     2025-05-01
Amended Senate     2025-03-24
Introduced     2025-01-17
Last Version Text
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		<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Arreguín</ns0:AuthorText>
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		<ns0:Title> An act to amend Sections 56.05 and 56.10 of the Civil Code, and to add Chapter 2 (commencing with Section 24250) to Division 20 of the Health and Safety Code, relating to health and care facilities, and declaring the urgency thereof, to take effect immediately.</ns0:Title>
		<ns0:RelatingClause>health and care facilities, and declaring the urgency thereof, to take effect immediately</ns0:RelatingClause>
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			<ns0:Subject>Health and care facilities: information sharing.</ns0:Subject>
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				(1)
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				The Confidentiality of Medical Information Act (CMIA) prohibits a provider of health care, a health care service plan, a contractor, or a corporation and its subsidiaries and affiliates from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, except as provided. The CMIA prohibits a provider of health care, health care service plan, or 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 authorization from the patient, except if the disclosure is compelled by, among other things, a search warrant lawfully issued to a governmental law enforcement agency or a court order. Existing law makes a violation of
			 these provisions that results in economic loss or personal injury to a patient punishable as a misdemeanor.
			</html:p>
			<html:p>This bill would revise the definition of “medical information” to include immigration status, including current and prior immigration status, and place of birth, if that information is known or collected, as specified, and would define “immigration enforcement” to mean any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States. The bill
			 would specify that a provider of health care, health care service plan, or contractor shall disclose medical information regarding a patient of the provider of health care or an enrollee or subscriber or a health care service plan pursuant to a valid search warrant issued by a judicial officer, including a magistrate, to a governmental law enforcement agency, or pursuant to a state or federal court order issued by a court of this state or a federal court. The bill would also prohibit, except to the extent expressly authorized by a patient, enrollee, or subscriber, or as otherwise permitted or required, a provider of health care, health care service plan, contractor, or corporation and its subsidiaries and
			 affiliates from disclosing medical information for immigration enforcement. Because the bill would expand the scope of a crime, it would impose a state-mandated local program.</html:p>
			<html:p>
				(2)
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				Under existing law, the State Department of Public Health is responsible for the licensing and regulation of various facilities and settings that provide health care services, as specified. Existing law makes a willful violation of these provisions a crime.
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			<html:p>This bill would require health care provider entities, as defined, to establish or amend procedures for monitoring, documenting, and receiving visitors to health care provider entities to the extent possible. The bill would require health care provider entity personnel to
			 immediately notify health care provider entity management, administration, or legal counsel of any request for access to a health care provider entity site or patient for immigration enforcement, and to provide any requests for review of health care provider entity documents, as prescribed. The bill would prohibit, unless required by state or federal law, a health care provider entity and its personnel from allowing any person access to nonpublic areas of the provider’s facilities for immigration
			 enforcement purposes, except as specified. The bill would require health care provider entities to inform staff and relevant volunteers on how to respond to requests relating to immigration enforcement that grants access to health care provider entity sites or to patients. The bill would require that health care provider entities comply with these provisions within 45 days from their effective date. By expanding the scope of a crime and increasing duties on local health officials, the bill would impose a state-mandated local program.</html:p>
			<html:p>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.</html:p>
			<html:p>This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.</html:p>
			<html:p>With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.</html:p>
			<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
			<html:p>This bill would declare that it is to take effect immediately as an urgency statute.</html:p>
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		<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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			<ns0:Num>SECTION 1.</ns0:Num>
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				Section 56.05 of the 
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				 is amended to read:
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							<html:p>For purposes of this part:</html:p>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								“Authorization” means permission granted in accordance with Section 56.11 or 56.21 for the disclosure of medical information.
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								(b)
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								“Authorized recipient” means a person who is authorized to receive medical information pursuant to Section 56.10 or 56.20.
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								(c)
								<html:span class="EnSpace"/>
								“Confidential communications request” means a request by a subscriber or enrollee that health care service plan communications containing medical information be communicated to them at a specific mail or email address or specific telephone number, as designated by the subscriber or enrollee.
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								(d)
								<html:span class="EnSpace"/>
								“Contractor” means a person or entity that is a medical group, independent practice association, pharmaceutical benefits manager, or a medical service organization and is not a health care service plan or provider of health care. “Contractor” does not include insurance institutions as defined in subdivision (k) of Section 791.02 of the Insurance Code or pharmaceutical benefits managers licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code).
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								“Enrollee” has the same meaning as that term is defined in Section 1345 of the Health and Safety Code.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								“Expiration date or event” means a specified date or an occurrence
						relating to the individual to whom the medical information pertains or the purpose of the use or disclosure, after which the provider of health care, health care service plan,
						pharmaceutical company, or contractor is no longer authorized to disclose the medical information.
							</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								“Health care service plan” means an entity regulated pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code).
							</html:p>
							<html:p>
								(h)
								<html:span class="EnSpace"/>
								“Licensed health care professional” means a person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, the Osteopathic Initiative Act or the Chiropractic Initiative Act, or Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								“Marketing” means to make a communication about a product or service that encourages
						recipients of the communication to purchase or use the product or service.
							</html:p>
							<html:p>“Marketing” does not include any of the following:</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Communications made orally or in writing for which the communicator does not receive direct or indirect remuneration, including, but not limited to, gifts, fees, payments, subsidies, or other economic benefits, from a third party for making the communication.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Communications made to current enrollees solely for the purpose of describing a provider’s participation in an existing health care provider network or health plan network of a Knox-Keene licensed health plan to which the enrollees already subscribe; communications made to current enrollees solely for the purpose of describing if, and the extent to
						which, a product or service, or payment for a product or service, is provided by a provider, contractor, or plan or included in a plan of benefits of a Knox-Keene licensed health plan to which the enrollees already subscribe; or communications made to plan enrollees describing the availability of more cost-effective pharmaceuticals.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Communications that are tailored to the circumstances of a particular individual to educate or advise the individual about treatment options, and otherwise maintain the individual’s adherence to a prescribed course of medical treatment, as provided in Section 1399.901 of the Health and Safety Code, for a chronic and seriously debilitating or life-threatening condition as defined in subdivisions (d) and (e) of Section 1367.21 of the Health and Safety Code, if the health care provider, contractor, or health plan receives
						direct or indirect remuneration, including, but not limited to, gifts, fees, payments, subsidies, or other economic benefits, from a third party for making the communication, if all of the following apply:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								The individual receiving the communication is notified in the communication in typeface no smaller than 14-point type of the fact that the provider, contractor, or health plan has been remunerated and the source of the remuneration.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The individual is provided the opportunity to opt out of receiving future remunerated communications.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The communication contains instructions in typeface no smaller than 14-point type describing how the individual can opt out of receiving further communications by calling a
						toll-free number of the health care provider, contractor, or health plan making the remunerated communications. Further communication shall not be made to an individual who has opted out after 30 calendar days from the date the individual makes the opt-out request.
							</html:p>
							<html:p>
								(j)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								“Medical information” means any individually identifiable information, in electronic or physical form, in possession of or derived from a provider of health care, health care service plan, pharmaceutical company, or contractor regarding a patient’s medical history, mental health application information, reproductive or sexual health application information,
						mental or physical condition, or treatment. “Individually identifiable” means that the medical information includes or contains any element of personal identifying information sufficient to allow identification of the individual, such as the patient’s name, address, electronic mail address, telephone number, or social security number, or other information that, alone or in combination with other publicly available information, reveals the identity of the individual.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								If individually identifying information regarding immigration status, including current and prior immigration status, or place of birth, is known or collected in electronic or physical form by a provider of health care, health care service plan, pharmaceutical company, or contractor regarding a patient’s medical history, it
						shall be treated as medical information, as defined in paragraph (1).
							</html:p>
							<html:p>
								(k)
								<html:span class="EnSpace"/>
								“Mental health application information” means information related to a consumer’s inferred or diagnosed mental health or substance use disorder, as defined in Section 1374.72 of the Health and Safety Code, collected by a mental health digital service.
							</html:p>
							<html:p>
								(
								<html:i>l</html:i>
								)
								<html:span class="EnSpace"/>
								“Mental health digital service” means a mobile-based application or internet website that collects mental health application information from a consumer, markets itself as facilitating mental health services to a consumer, and uses the information to facilitate mental health services to a consumer.
							</html:p>
							<html:p>
								(m)
								<html:span class="EnSpace"/>
								“Patient” means a natural person, whether or not still living, who
						received health care services from a provider of health care and to whom medical information pertains.
							</html:p>
							<html:p>
								(n)
								<html:span class="EnSpace"/>
								“Pharmaceutical company” means a company or business, or an agent or representative thereof, that manufactures, sells, or distributes pharmaceuticals, medications, or prescription drugs. “Pharmaceutical company” does not include a pharmaceutical benefits manager, as included in subdivision (c), or a provider of health care.
							</html:p>
							<html:p>
								(o)
								<html:span class="EnSpace"/>
								“Protected individual” means any adult covered by the subscriber’s health care service plan or a minor who can consent to a health care service without the consent of a parent or legal guardian, pursuant to state or federal law. “Protected individual” does not include an individual that lacks the capacity to give informed consent for health care
						pursuant to Section 813 of the Probate Code.
							</html:p>
							<html:p>
								(p)
								<html:span class="EnSpace"/>
								“Provider of health care” means a person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code; a person licensed pursuant to the
						Osteopathic Initiative Act or the Chiropractic Initiative Act; a person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code; or a clinic, health dispensary, or health facility licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. “Provider of health care” does not include insurance institutions as defined in subdivision (k) of Section 791.02 of the Insurance Code.
							</html:p>
							<html:p>
								(q)
								<html:span class="EnSpace"/>
								“Reproductive or sexual health application information” means information about a consumer’s reproductive health, menstrual cycle, fertility, pregnancy, pregnancy outcome, plans to conceive, or type of sexual activity collected by a reproductive or sexual health digital service, including, but not limited to, information from which one can infer someone’s pregnancy status, menstrual
						cycle, fertility, hormone levels, birth control use, sexual activity, or gender identity.
							</html:p>
							<html:p>
								(r)
								<html:span class="EnSpace"/>
								“Reproductive or sexual health digital service” means a mobile-based application or internet website that collects reproductive or sexual health application information from a consumer, markets itself as facilitating reproductive or sexual health services to a consumer, and uses the information to facilitate reproductive or sexual health services to a consumer.
							</html:p>
							<html:p>
								(s)
								<html:span class="EnSpace"/>
								“Sensitive services” means all health care services related to mental or behavioral health, sexual and reproductive health, sexually transmitted infections, substance use disorder, gender-affirming care, and intimate partner violence, and includes services described in Sections 6924, 6925, 6926, 6927, 6928, 6929, and 6930 of
						the Family Code, and Sections 121020 and 124260 of the Health and Safety Code, obtained by a patient at or above the minimum age specified for consenting to the service specified in the section.
							</html:p>
							<html:p>
								(t)
								<html:span class="EnSpace"/>
								“Subscriber” has the same meaning as that term is defined in Section 1345 of the Health and Safety Code.
							</html:p>
							<html:p>
								(u)
								<html:span class="EnSpace"/>
								“Immigration enforcement” means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States.
							</html:p>
						</ns0:Content>
					</ns0:LawSectionVersion>
				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_39DC00C0-D40E-452E-8018-540C69A05E3C">
			<ns0:Num>SEC. 2.</ns0:Num>
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				Section 56.10 of the 
				<ns0:DocName>Civil Code</ns0:DocName>
				 is amended to read:
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				<ns0:LawSection id="id_76ECD127-6E0A-4FE9-B47B-C71BA528AE5A">
					<ns0:Num>56.10.</ns0:Num>
					<ns0:LawSectionVersion id="id_87A605B0-BEA6-4980-98F2-19930E78F0E7">
						<ns0:Content>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								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).
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								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:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								A court order issued by a court of this
						state or a federal court, including, but not limited to, a court order issued by a court of this state pursuant to Section 2029.300 of the Code of Civil Procedure relating to a foreign subpoena.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								A provider of health care, health care service plan, or contractor shall not comply with a court order that constitutes a foreign subpoena, absent a court order issued pursuant to Section 2029.300 of the Code of Civil Procedure.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								A board, commission, or administrative agency for purposes of adjudication pursuant to its lawful authority.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								A valid search warrant issued by a judicial officer, including a
						magistrate, to a governmental law enforcement agency, including a search warrant from another state that is based on either of the following and execution of the search warrant would not constitute a violation of Section 13778.2 of the Penal Code:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								Another state’s law, so long as that state’s law does not interfere with California law, including, but not limited to, the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code).
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								A foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								A medical examiner, forensic pathologist, or coroner, when requested in the course of an investigation by a 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 a 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 a medical examiner, forensic pathologist, or coroner without delay upon request. A medical examiner, forensic pathologist, or coroner shall not disclose the information contained in the medical record obtained pursuant to this paragraph to a third party without a court order or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								When otherwise specifically required by law.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								A provider of health care or a health care service plan may disclose medical information as follows:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								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, that disclosed information shall not be further disclosed by the recipient in a way that would violate this part.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								The information may be disclosed to a medical examiner, forensic pathologist, or county coroner in the course of an investigation by a 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 information contained in the medical record obtained pursuant to this paragraph to a third party without a court order or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								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:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								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 the patient’s
						medical history, mental or physical condition, or treatment, provided that information may only be used or disclosed in connection with that proceeding.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								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 the patient’s present employment, provided that no statement of medical cause is included in the information disclosed.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(10)
								<html:span class="EnSpace"/>
								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 between 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.
							</html:p>
							<html:p>
								(11)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(12)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(13)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(14)
								<html:span class="EnSpace"/>
								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 United States 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.
							</html:p>
							<html:p>
								(15)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(16)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(17)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(18)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(19)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(20)
								<html:span class="EnSpace"/>
								The information may be disclosed as described in Section 56.103.
							</html:p>
							<html:p>
								(21)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								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:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								The disclosure is authorized by and made in a manner consistent with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
							</html:p>
							<html:p>
								(iv)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For purposes of this paragraph, Section 1374.8 of the Health and Safety Code shall not apply.
							</html:p>
							<html:p>
								(22)
								<html:span class="EnSpace"/>
								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 federal Health Insurance Portability and Accountability Act of 1996 (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.
							</html:p>
							<html:p>
								(23)
								<html:span class="EnSpace"/>
								The information may be disclosed to a school-linked services coordinator pursuant to a written authorization between the health provider and the patient or client that complies with the federal Health Insurance Portability and Accountability Act of 1996.
							</html:p>
							<html:p>
								(24)
								<html:span class="EnSpace"/>
								Mental health records, as defined in subdivision (c) of Section 5073 of the Penal Code, may be disclosed by a county correctional facility, county medical facility, state correctional facility, or state hospital, as required by Section 5073 of the Penal Code.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								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 the patient’s provider of health care or health care service plan or insurer or self-insured employer.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								Except to the extent expressly authorized by a patient, enrollee, or subscriber, or as required by subdivision (b), or as permitted by subdivision
						(c), a provider of health care, health care service plan, contractor, or corporation and its subsidiaries and affiliates shall not disclose medical information for immigration enforcement.
							</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								For purposes of this section, the following definitions apply:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								“Medical examiner, forensic pathologist, or coroner” 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 a medical examiner’s office, whether as a government employee or under contract to that office.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								“School-linked services coordinator” means an individual located on a school campus or under contract by a
						county behavioral health provider agency for the treatment and health care operations and referrals of students and their families that holds any of the following:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								A services credential with a specialization in pupil personnel services, as described in Section 44266 of the Education Code.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								A services credential with a specialization in health authorizing service as a school nurse, as described in Section 44877 of the Education Code.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								A license to engage in the practice of marriage and family therapy issued pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								A license to engage in the practice
						of educational psychology issued pursuant to Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business and Professions Code.
							</html:p>
							<html:p>
								(E)
								<html:span class="EnSpace"/>
								A license to engage in the practice of professional clinical counseling issued pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.
							</html:p>
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		<ns0:BillSection id="id_91A40687-0F84-4632-B0F0-71671EEB78F0">
			<ns0:Num>SEC. 3.</ns0:Num>
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				Chapter 2 (commencing with Section 24250) is added to Division 20 of the 
				<ns0:DocName>Health and Safety Code</ns0:DocName>
				, to read:
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				<ns0:LawHeading id="id_ECB54ABD-52DD-4A2E-B7AA-23D34B2DA36C" type="CHAPTER">
					<ns0:Num>2.</ns0:Num>
					<ns0:LawHeadingVersion id="id_F5A82FC5-929D-48D9-A8EA-12F96A4A36E8">
						<ns0:LawHeadingText>Patient Access and Protection</ns0:LawHeadingText>
					</ns0:LawHeadingVersion>
					<ns0:LawSection id="id_C7F24044-5E30-4DB4-B403-53C15F6D8E28">
						<ns0:Num>24250.</ns0:Num>
						<ns0:LawSectionVersion id="id_371539A8-3A42-4F53-8690-CD3EE6CFEEBD">
							<ns0:Content>
								<html:p>
									(a)
									<html:span class="EnSpace"/>
									A health care provider entity shall, to the extent possible, establish or amend procedures for monitoring, documenting, and receiving visitors to health care provider entities consistent with this chapter. Health care provider entities are encouraged to post a “notice to authorities” at facility entrances.
								</html:p>
								<html:p>
									(b)
									<html:span class="EnSpace"/>
									(1)
									<html:span class="EnSpace"/>
									Health care provider entity personnel shall immediately notify health care provider entity management, administration, or legal counsel of any request for access to a health care provider entity site or patient for immigration enforcement.
								</html:p>
								<html:p>
									(2)
									<html:span class="EnSpace"/>
									Health care provider entity personnel shall immediately provide any requests for review of health
						  care provider entity documents, including through a lawfully issued subpoena, warrant, or court order, to health care provider entity management, administration, or legal counsel.
								</html:p>
								<html:p>
									(3)
									<html:span class="EnSpace"/>
									If a request is made to access a health care provider entity site or patient, including to obtain information about a patient or their family, for immigration enforcement, health care provider entity personnel shall direct that request to the designated health care provider entity management, administrator, or legal counsel.
								</html:p>
							</ns0:Content>
						</ns0:LawSectionVersion>
					</ns0:LawSection>
					<ns0:LawSection id="id_2734D2CF-7ABE-477A-9472-92733D5ADEA6">
						<ns0:Num>24251.</ns0:Num>
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							<ns0:Content>
								<html:p>
									(a)
									<html:span class="EnSpace"/>
									To enhance privacy available to facility users and promote a safe environment conducive to the facility’s mission and patient care, a health care provider entity shall designate areas where patients are receiving treatment or care, or where a patient is discussing protected health information, as nonpublic. The facility is encouraged to designate these areas through mapping, signage, key entry, policy, or a combination of those.
								</html:p>
								<html:p>
									(b)
									<html:span class="EnSpace"/>
									Unless required by state or federal law, a health care provider entity and its personnel shall not allow any person access to the nonpublic areas of the facility, as described in subdivision (a), for immigration enforcement purposes, unless that person has a valid judicial warrant or court order that
						  specifically grants access to the nonpublic areas of the facility.
								</html:p>
								<html:p>
									(c)
									<html:span class="EnSpace"/>
									A health care provider entity and its personnel shall, to the extent possible, have the denial of permission for access to nonpublic areas of the facility pursuant to subdivision (b) witnessed and documented by at least one health care provider entity personnel.
								</html:p>
								<html:p>
									(d)
									<html:span class="EnSpace"/>
									Health care provider entities shall inform staff and relevant volunteers on how to respond to requests relating to immigration enforcement that grants access to health care provider entity sites or to patients.
								</html:p>
							</ns0:Content>
						</ns0:LawSectionVersion>
					</ns0:LawSection>
					<ns0:LawSection id="id_D6F05FE7-3C14-493D-BA0E-582F133EED92">
						<ns0:Num>24252.</ns0:Num>
						<ns0:LawSectionVersion id="id_788C4F50-0CE4-4B2E-8A4D-241ACB62F408">
							<ns0:Content>
								<html:p>For purposes of this chapter, “health care provider entity” includes all of the following:</html:p>
								<html:p>
									(a)
									<html:span class="EnSpace"/>
									(1)
									<html:span class="EnSpace"/>
									Public hospitals, which means a hospital that is licensed to a county, a city, a city and county, the State of California, the University of California, a local health care district, a local health authority, or any other political subdivision of the state.
								</html:p>
								<html:p>
									(2)
									<html:span class="EnSpace"/>
									Nonpublic hospitals, which means a hospital that meets both of the following conditions:
								</html:p>
								<html:p>
									(A)
									<html:span class="EnSpace"/>
									The hospital does not meet the definition of a public hospital, as defined in paragraph (1).
								</html:p>
								<html:p>
									(B)
									<html:span class="EnSpace"/>
									The
						  hospital is licensed as a general acute care hospital, as defined in Section 1250, pursuant to Chapter 2 (commencing with Section 1250) of Division 2.
								</html:p>
								<html:p>
									(b)
									<html:span class="EnSpace"/>
									Clinics, as defined in Section 1200 and 1200.1, a clinic licensed pursuant to Section 1204, and a clinic exempt from licensure pursuant to subdivisions (b) and (h) of Section 1206.
								</html:p>
								<html:p>
									(c)
									<html:span class="EnSpace"/>
									A physician organization, as defined in subdivision (p) of Section 127500.2.
								</html:p>
								<html:p>
									(d)
									<html:span class="EnSpace"/>
									Providers, as defined in subdivision (q) of Section 127500.2.
								</html:p>
								<html:p>
									(e)
									<html:span class="EnSpace"/>
									Integrated health care delivery systems, as defined in Section 1182.14 of the Labor Code.
								</html:p>
								<html:p>
									(f)
									<html:span class="EnSpace"/>
									Other heath care providers that deliver or furnish services related to physical or mental health and wellness,
						  education, or access to justice.
								</html:p>
							</ns0:Content>
						</ns0:LawSectionVersion>
					</ns0:LawSection>
					<ns0:LawSection id="id_B85499A1-3E9E-44DF-8996-D885811DDAE0">
						<ns0:Num>24253.</ns0:Num>
						<ns0:LawSectionVersion id="id_2CF6F8BA-0192-408B-950C-7ABCF9B41249">
							<ns0:Content>
								<html:p>For purposes of this chapter, “immigration enforcement” means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States.</html:p>
							</ns0:Content>
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					</ns0:LawSection>
					<ns0:LawSection id="id_105CC4E4-B593-45C0-8331-19909ED70D16">
						<ns0:Num>24254.</ns0:Num>
						<ns0:LawSectionVersion id="id_ACA65102-777E-4DA5-AB2A-518F310DE339">
							<ns0:Content>
								<html:p>This section does not prohibit a person who is in lawful custody from being accompanied to access health care services and for their transportation and arrangement to health care provider entities, and does not prohibit any person from entering nonpublic areas of a hospital to receive care for themselves or someone in their care or custody.</html:p>
							</ns0:Content>
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					</ns0:LawSection>
					<ns0:LawSection id="id_F7B65EFA-9B7A-4F8A-B5D3-7466DB194A16">
						<ns0:Num>24255.</ns0:Num>
						<ns0:LawSectionVersion id="id_031E95D4-313B-4A4A-BFD4-094090BF42B9">
							<ns0:Content>
								<html:p>This chapter shall apply to all health care provider entities that receive public funding. All other health care provider entities that are not subject to this chapter are encouraged to adopt the requirements specified in this chapter.</html:p>
							</ns0:Content>
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					</ns0:LawSection>
					<ns0:LawSection id="id_901442E6-4A8E-45D2-AC00-FD40505A684F">
						<ns0:Num>24256.</ns0:Num>
						<ns0:LawSectionVersion id="id_5DCEE5E5-38CA-46EE-A84B-6340E8424C99">
							<ns0:Content>
								<html:p>Health care provider entities shall have 45 days from the effective date of this chapter to comply with the requirements contained herein.</html:p>
							</ns0:Content>
						</ns0:LawSectionVersion>
					</ns0:LawSection>
					<ns0:LawSection id="id_891206AD-92C2-4DB4-9CCE-0A489E2CAAE2">
						<ns0:Num>24257.</ns0:Num>
						<ns0:LawSectionVersion id="id_1F19F0DB-3148-462A-8FB1-41C7D3C6C05D">
							<ns0:Content>
								<html:p>The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.</html:p>
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					</ns0:LawSection>
				</ns0:LawHeading>
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		</ns0:BillSection>
		<ns0:BillSection id="id_84FDFAD1-6C41-4F29-A647-F98E3D02F39E">
			<ns0:Num>SEC. 4.</ns0:Num>
			<ns0:Content>
				<html:p>
					No reimbursement is required by this act pursuant to Section 6 of Article XIII
					<html:span class="ThinSpace"/>
					B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIII
					<html:span class="ThinSpace"/>
					B of the California Constitution.
				</html:p>
				<html:p>However, if the Commission on State Mandates determines that this act contains other 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.</html:p>
			</ns0:Content>
		</ns0:BillSection>
		<ns0:BillSection id="id_E1F5D5F8-B8B9-4738-BA4A-C3976E8F26D4">
			<ns0:Num>SEC. 5.</ns0:Num>
			<ns0:Content>
				<html:p>This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:</html:p>
				<html:p>To ensure that vulnerable families and their children are able to access their medical and health care services and needs without fear of deportation, harassment, or intimidation, it is necessary that this act take effect immediately.</html:p>
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		</ns0:BillSection>
	</ns0:Bill>
</ns0:MeasureDoc>
Last Version Text Digest (1) The Confidentiality of Medical Information Act (CMIA) prohibits a provider of health care, a health care service plan, a contractor, or a corporation and its subsidiaries and affiliates from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, except as provided. The CMIA prohibits a provider of health care, health care service plan, or 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 authorization from the patient, except if the disclosure is compelled by, among other things, a search warrant lawfully issued to a governmental law enforcement agency or a court order. Existing law makes a violation of these provisions that results in economic loss or personal injury to a patient punishable as a misdemeanor. (2) Under existing law, the State Department of Public Health is responsible for the licensing and regulation of various facilities and settings that provide health care services, as specified. Existing law makes a willful violation of these provisions a crime. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.