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Summary:

Every health care provider, health care service plan, pharmaceutical company, or contractor who creates, maintains, preserves, stores, abandons, destroys, or disposes of medical records shall do so in a manner that preserves the confidentiality of the information contained therein. The electronic health record system or electronic medical record system must: protect and preserve the integrity of electronic medical information; and automatically record and preserve any change or deletion of any electronically stored medical information, and record the identity of the person making the change. The patient's right to access or receive a copy of his or her electronic medical records upon request will be consistent with applicable state and federal laws governing patient access to medical information.

Summary:

Upon inquiry about a particular patient, a general acute care hospital has discretion to release certain information that is not medical information (as defined in section 56.05)

Summary:

If a patient with an emergency medical condition is covered by a health care service plan that requires prior authorization for poststabilization care, a noncontracting hospital shall seek to contact the patient's health care service plan or its contracting medical provider for authorization to provide poststabilization care. Upon request of the patient's health care service plan or its contracting medical provider, the noncontracting hospital shall provide the treating physician and surgeon's diagnosis and any other relevant information reasonably necessary for the health care service plan or the plan's contracting medical provider to make a decision to authorize poststabilization care or to assume management of the patient's care by prompt transfer.

Summary:

Every general acute care hospital and ambulatory surgery clinic shall file a data record with the Office of Statewide Health Planning & Development for each ambulatory surgery performed. This information is confidential and identifiable patient data shall be exempt from the Public Records Act.

Summary:

All health facility reports shall be maintained at the office's Sacramento office and made available upon the demand of any person. Such reports shall also be posted on its website, except for discharge and encounter data which must be available for public inspection unless the office determines that under applicable law that a patient's right of confidentiality would be violated.

Summary:

A hospital that transfers a patient for care and treatment to relieve/eliminate a psychiatric emergency medical condition shall (1) seek to obtain the name and contact information of the patient’s health care service plan and (2) notify the patient's health care service plan or the health plan's contracting medical provider of the transfer. The hospital shall document its attempt to ascertain this information in the patient's medical record. The hospital shall provide the plan or its contracting medical provider with the name of the patient, the patient's member identification number, the location and contact information for the location where the patient will be admitted, and the preliminary diagnosis. Upon admission, the hospital to which the patient was transferred shall notify the health care service plan of the transfer, provided that the facility has the name and contact information of the patient’s health care service plan.

Summary:

When receiving a patient, the person in charge of a state hospital, shall submit the patient to a thorough mental and physical examination and state the results on appropriate blank forms. The patient shall be required to submit to further periodic examinations of the patient's mental state, bodily condition, and medical treatment and the results should be recorded. If the patient dies or is discharged, the person in charge of the state hospital shall record the circumstances.

Summary:

(e) (1) Notwithstanding any other law and consistent with paragraph (1) of subdivision (a), if the secretary or the Board of Parole Hearings or both determine that a prisoner satisfies the criteria set forth in paragraph (2), the secretary or the board may recommend to the court that the prisoner's sentence be recalled. (2) The court shall have the discretion to resentence or recall if the court finds that the facts described in subparagraphs (A) and (B) or subparagraphs (B) and (C) exist: (A) The prisoner is terminally ill with an incurable condition caused by an illness or disease that would produce death within six months, as determined by a physician employed by the department. (B) The conditions under which the prisoner would be released or receive treatment do not pose a threat to public safety. (C) The prisoner is permanently medically incapacitated with a medical condition that renders him or her permanently unable to perform activities of basic daily living, and results in the prisoner requiring 24-hour total care, including, but not limited to, coma, persistent vegetative state, brain death, ventilator-dependency, loss of control of muscular or neurological function, and that incapacitation did not exist at the time of the original sentencing. The Board of Parole Hearings shall make findings pursuant to this subdivision before making a recommendation for resentence or recall to the court. This subdivision does not apply to a prisoner sentenced to death or a term of life without the possibility of parole. (3) Within 10 days of receipt of a positive recommendation by the secretary or the board, the court shall hold a hearing to consider whether the prisoner's sentence should be recalled. (4) Any physician employed by the department who determines that a prisoner has six months or less to live shall notify the chief medical officer of the prognosis. If the chief medical officer concurs with the prognosis, he or she shall notify the warden. Within 48 hours of receiving notification, the warden or the warden's representative shall notify the prisoner of the recall and resentencing procedures, and shall arrange for the prisoner to designate a family member or other outside agent to be notified as to the prisoner's medical condition and prognosis, and as to the recall and resentencing procedures. If the inmate is deemed mentally unfit, the warden or the warden's representative shall contact the inmate's emergency contact and provide the information described in paragraph (2). (5) The warden or the warden's representative shall provide the prisoner and his or her family member, agent, or emergency contact, as described in paragraph (4), updated information throughout the recall and resentencing process with regard to the prisoner's medical condition and the status of the prisoner's recall and resentencing proceedings. . . . (7) Any recommendation for recall submitted to the court by the secretary or the Board of Parole Hearings shall include one or more medical evaluations, a postrelease plan, and findings pursuant to paragraph (2). . . . (9) If the court grants the recall and resentencing application, the prisoner shall be released by the department within 48 hours of receipt of the court's order, unless a longer time period is agreed to by the inmate. At the time of release, the warden or the warden's representative shall ensure that the prisoner has each of the following in his or her possession: a discharge medical summary, full medical records, state identification, parole medications, and all property belonging to the prisoner. After discharge, any additional records shall be sent to the prisoner's forwarding address.

Summary:

If during a pending misdemeanor action the judge determines there is reason to believe that the defendant is mentally disordered and may be incompetent to stand, the judge must state this and the reasons for the belief in the record. The judge shall ask the defendant's attorney if she believes the defendant is mentally disordered. If the attorney believes the defendant may be mentally disordered, the court shall refer the defendant for evaluation and treatment. The court may order the facility providing treatment and evaluation to provide the court with the defendant's discharge summary.

Summary:

Except for prisoners sentenced to death or life in prison without possibility of parole, any prisoner who the head physician determines to be permanently medically incapacitated and necessitating 24 hour care, and the incapacitation was not present at the time of sentencing, shall be granted medical parole if the Board of Parole Hearings finds it to be safe. In cases where the prisoner’s primary care physician or family recommends or requests that the prisoner be considered for medical parole due to being permanently medically incapacitated, the head physician shall either refer the matter to the Board of Parole Hearings within 30 days or provide the primary care physician or family member with a written explanation of the reasons for denying it. The Department of Corrections and Rehabilitation shall complete parole plans that include the inmate's plan for residency and medical care. The Board of Parole Hearings shall make an independent judgment (with written findings) regarding whether the inmate would pose a threat to public safety. As a condition of medical parole, a prisoner might be required to submit to a medical examination, the results of which will be reported to the Board. The Department shall ensure that any medical parolee has in his or her possession medical discharge papers, full medical record, and access to prescriptions. Any additional records shall be sent to the prisoner's forwarding address after release to health care-related parole supervision. The Department of Corrections and Rehabilitation must give notice of any medical parole hearing and any medical parole release to the county of commitment, and the county of proposed release, at least 30 days (or as soon as feasible) prior to a medical parole hearing or a medical parole release.

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