Bill Text: CA AB1297 | 2013-2014 | Regular Session | Chaptered
Bill Title: Coroners: organ donation.
Sponsorship: Bipartisan Bill
Status: (Passed) 2013-09-24 - Chaptered by Secretary of State - Chapter 341, Statutes of 2013. [AB1297 Detail]
Download: California-2013-AB1297-Chaptered.html
BILL NUMBER: AB 1297 CHAPTERED
BILL TEXT
CHAPTER 341
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2013
APPROVED BY GOVERNOR SEPTEMBER 24, 2013
PASSED THE SENATE AUGUST 22, 2013
PASSED THE ASSEMBLY AUGUST 26, 2013
AMENDED IN SENATE AUGUST 19, 2013
AMENDED IN SENATE JUNE 4, 2013
AMENDED IN ASSEMBLY APRIL 10, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member John A. P�rez
(Coauthor: Senator Anderson)
FEBRUARY 22, 2013
An act to amend Section 56.10 of the Civil Code, and to amend
Section 7151.15 of the Health and Safety Code, relating to public
health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1297, John A. P�rez. Coroners: organ donation.
Existing law requires a coroner to cooperate with procurement
organizations to maximize the opportunity to recover anatomical gifts
for the purpose of transplantation, therapy, research, or education.
Existing law requires a coroner or designee to conduct a post mortem
examination of a body or part that is available for or has been
donated to a procurement organization in a manner and within a period
compatible with the body or part's preservation for the purposes of
the gift.
This bill would authorize a procurement organization, when
specified circumstances are present, to notify a coroner, prior to
the donor's death, that a donor has made or may make an anatomical
gift, and would require a coroner to accept that notification,
whenever that notification will facilitate the coroner's ability to
conduct his or her duties in a manner and within a period compatible
with the preservation of the body or part for the purposes of the
gift. The bill would also require a coroner to conduct a post mortem
investigation in a manner and time period compatible with the
preservation of the body or part for the purposes of the gift,
thereby imposing a state-mandated local program.
Existing law, the Confidentiality of Medical Information Act,
prohibits a health care provider, a contractor, or a health care
service plan from disclosing medical information, as defined,
regarding a patient of the provider or an enrollee or subscriber of
the health care service plan without first obtaining an
authorization, except as specified. Existing law requires the
disclosure of medical information if the disclosure is compelled by a
coroner when investigating deaths that may involve organ or tissue
donation. Existing law makes a violation of the act that results in
economic loss or personal injury to a patient a misdemeanor.
This bill would additionally require the disclosure of medical
information if the disclosure is compelled by a coroner upon
notification of, or investigation of, imminent deaths that may
involve organ or tissue donation pursuant to the above-described
provisions.
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.
This bill would provide that no reimbursement shall be made
pursuant to these statutory provisions for costs mandated by the
state pursuant to this act, but would recognize that local agencies
and school districts may pursue any available remedies to seek
reimbursement for these costs.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 56.10 of the Civil Code is amended to read:
56.10. (a) 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).
(b) 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:
(1) By a court pursuant to an order of that court.
(2) By a board, commission, or administrative agency for purposes
of adjudication pursuant to its lawful authority.
(3) By 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.
(4) By 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.
(5) By 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.
(6) By a search warrant lawfully issued to a governmental law
enforcement agency.
(7) By 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.
(8) By a coroner, when requested in the course of an investigation
by the 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 the 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 the coroner
without delay upon request.
(9) When otherwise specifically required by law.
(c) A provider of health care or a health care service plan may
disclose medical information as follows:
(1) 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.
(2) 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.
(3) 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, information so disclosed shall not be
further disclosed by the recipient in a way that would violate this
part.
(4) 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.
(5) The information in the possession of a provider of health care
or health care service plan may be reviewed by a private or public
body responsible for licensing or accrediting the provider of health
care or 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.
(6) The information may be disclosed to the county coroner in the
course of an investigation by the coroner's office when requested for
all purposes not included in paragraph (8) of subdivision (b).
(7) 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.
(8) 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:
(A) 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 his or her medical
history, mental or physical condition, or treatment, provided that
information may only be used or disclosed in connection with that
proceeding.
(B) 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 his or her present employment,
provided that no statement of medical cause is included in the
information disclosed.
(9) 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.
(10) 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 among 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.
(11) 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.
(12) 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.
(13) 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.
(14) 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
federal 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.
(15) 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.
(16) 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.
(17) 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.
(18) 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.
(19) 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.
(20) The information may be disclosed as described in Section
56.103.
(21) (A) 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:
(i) 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.
(ii) 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.
(iii) The disclosure is authorized by and made in a manner
consistent with the Health Insurance Portability and Accountability
Act of 1996 (Public Law 104-191).
(iv) 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.
(B) For purposes of this paragraph, Section 1374.8 of the Health
and Safety Code shall not apply.
(22) 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 Health Insurance Portability and Accountability
Act (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.
(d) 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.
(e) 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 his or her provider of
health care or health care service plan or insurer or self-insured
employer.
SEC. 2. Section 7151.15 of the Health and Safety Code is amended
to read:
7151.15. (a) A county coroner shall cooperate with procurement
organizations to maximize the opportunity to recover anatomical gifts
for the purpose of transplantation, therapy, research, or education.
(b) If a county coroner receives notice from a procurement
organization that an anatomical gift might be available or was made
with respect to a decedent whose body is under the jurisdiction of
the coroner and a post mortem examination or investigation is going
to be performed, unless the coroner denies recovery in accordance
with Section 7151.20, the coroner or designee shall conduct a post
mortem examination or investigation of the body or the part in a
manner and within a period compatible with its preservation for the
purposes of the gift.
(c) A part shall not be removed from the body of a decedent under
the jurisdiction of a coroner for transplantation, therapy, research,
or education unless the part is the subject of an anatomical gift.
The body of a decedent under the jurisdiction of the coroner shall
not be delivered to a person for research or education unless the
body is the subject of an anatomical gift. This subdivision does not
preclude a coroner from performing the medicolegal investigation upon
the body or parts of a decedent under the jurisdiction of the
coroner.
(d) Notwithstanding any other law, when an anatomical gift might
be available or has been made by a person whose death is imminent due
to the lawful withdrawal of medical treatment and if that person's
body, post mortem, will be subject to the coroner's jurisdiction
pursuant to Section 27491 of the Government Code, a procurement
organization may notify a coroner of the anatomical gift, and a
coroner shall accept the notification, whenever that notification
will facilitate the coroner's ability to conduct a postmortem
examination or investigation of the body or the part in a manner and
within a period compatible with its preservation for the purposes of
the gift.
SEC. 3. No reimbursement shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code for costs mandated by the state pursuant to this act.
It is recognized, however, that a local agency or school district
may pursue any remedies to obtain reimbursement available to it under
Part 7 (commencing with Section 17500) and any other provisions of
law.
