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Summary:

Before a resident is transferred due to a long-term health care facility's change in license or operation status, the facility shall ensure that the following are completed: a medical assessment of the resident's condition; an assessment of the resident's social and physical functioning; and an evaluation of the resident's relocation needs. Assessments and evaluation shall be discussed with the resident and made part of the resident's medical records for transfer.

Summary:

During onsite review of the health delivery system of each health plan, the Department of Managed Health Care is authorized to review medical records when necessary to determine that quality health care is being delivered; the survey team shall insure that the confidentiality of the medical records and physician-patient confidentiality is safeguarded.

Summary:

The Director of the Department of Managed Health Care may suspend or revoke any license issued to a health care service plan or assess administrative penalties if the licensee has committed any of the acts or omissions constituting grounds for disciplinary action, including (1) violating the Confidentiality of Medical Information Act or (2) violating the legal requirements for post-stabilization care, which includes providing relevant information reasonably necessary for the health care service plan to authorize post-stabilization care or assume management of the patient's care by prompt transfer.

Summary:

A long-term health care facility shall report all incidents of alleged abuse or suspected abuse of a resident to the department immediately.

Summary:

In a criminal investigation of a knowing donation of HIV-infected blood, tissue, organs, semen or breast milk, no person shall disclose the results of a blood test to detect AIDS to any state or local agency or department unless the test results are disclosed as required by law pursuant to a search warrant, court order or subpoena.

Summary:

In order for the ombudsman office to carry out its duties, the office shall have access to the medical or personal records of a patient or resident that are retained by the long-term care facility under the following conditions: (a) with written consent of the patient/resident if they have the ability to write, (b) with oral consent of the patient with third party witness, (c) with permission of guardian or conservator unless such person is unknown, cannot be reached within 3 working days, or there is reason to believe that such person is not acting in the best interests of the patient.

Summary:

The section provides immunity to consultants who communicate with the Director of the Department of Managed Health Care for the purpose of determining whether health care services are being provided in accordance with the Knox-Keene Act of 1975. Nothing in the code section alters existing laws regarding the confidentiality of medical records.

Summary:

All people have an inalienable right to privacy, although there are situations in which the individual's right to privacy is limited by certain conditions. Cases specify that 1) a defendant in §1983 civil rights action cannot rely on privacy right to withhold medical records from treating physician contained in worker's compensation file; 2) crime victim's privacy to medical records must be balanced against defendant's Sixth Amendment right to cross-examination;3) health plan's disclosure to attorneys of medical information of patients contemplating or making medical malpractice claims did not violate right to privacy; 4) sperm donor non-identifying medical information can be released to sperm purchaser (parents, child); 5) intercollegiate drug testing monitoring by urine tests OK because student's privacy interests reduced by voluntary participation in sport.)

Keywords:
judicial
Summary:

The retirement board of a public pension or retirement system shall administer the system to deliver benefits and services to beneficiaries and participants. In CA. Op. Atty. Gen. No. 04-408 (February 23, 2005), the Attorney General concluded that a county retirement board may meet in closed session to discuss and evaluate medical records submitted in connection with an employee's application for a disability retirement.

Summary:

The Department of Education shall create a computerized data-matching system using its own and Department of Health Care Services' Medi-Cal databases to automatically enroll eligible children into subsidized meal programs. The Department of Health Care Services must conduct the data match of local school records and return a list to the Department of Education, including only the data fields submitted by the department and an indicator of program eligibility, as required by federal law.

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