LEGISLATION

Bills of Interest How to Track Legislation Legislator

Bills of Interest

Legislation 2007-2008

This year's crop of bills is more of an avalanche than we've seen in the recent past. Suddenly our legislature has awakened to the health care crisis of the last fifteen years or so, and as a result were a plethora of bills on that subject alone. As you know, most of those bills have not made it through, or have been VETOED. Some bills will be continued into 2008.

We have grouped bills into topic areas with expanded explanations of those we think are most relevant to the profession. We also welcome any input from members who may be directly impacted by bills on our list.

Status Designations

Chaptered - Signed into law
Vetoed - Self explanatory
2 Year Bill - Will be continued
• - Bills of great importance to us
Inactive - May or may not be continued
Unfinished Business - May or may not be continued

Health Care Coverage

AB 2 (Dymally)

Makes changes in health care coverage through California Major Risk Medical Insurance Program (MRMIP) WATCH - INACTIVE

AB 8 (Nunez)

Declares the intent of the Legislature that affordable, quality health care coverage be made available to all Californians. WATCH - VETOED

AB 10 (De La Torre)

Declares the intent of the Legislature that affordable, quality health care coverage be made available to all Californians. WATCH - INACTIVE

AB 51 (Dymally)

Department of Managed Health Care Patient Advocate Program. This bill requires the current Annual Health Care Report Card include information on quality and access by plans under Medicare Part D. SUPPORT - 2 Year Bill

AB 52 (Dymally)

Health facilities: Office of Hospital Patient Advocate - The bill would require the State Department of Public Health to establish and maintain a toll-free telephone number for the purpose of receiving health facility patient complaints and would require health facilities to publish specified information on health facility complaint forms and written notices to patients. SUPPORT - 2 Year Bill

AB 53 (Dymally)

Office of HIV/AIDS Prevention and Education - Establishes six regional centers. Watch - 2 Year Bill.

AB 75 (Blakeslee)

Declares the intent of the Legislature to create the Healthy Choices Plan to provide coverage to the uninsured. WATCH -2 Year Bill.

AB 516 (Swanson)

Enacts legislation implementing certain access and delivery recommendations to be overseen by the Department of Managed Health Care. WATCH - 2 Year Bill.

AB 1302 (Horton)

Health Insurance Portability and Accountability Implementation Act of 2001 (the act), provides for the implementation of the federal Health Insurance Portability and Accountability Act (HIPAA) by the state under the direction of the Office of HIPAA Implementation, which was established by the Governor in the California Health and Human Services Agency. Under existing law, the act will be repealed January 1, 2008, unless a later enacted statute, that is enacted before January 1, 2008, deletes or extends that date, and all unexpended or unencumbered funds under the act will revert to the General Fund. This bill would extend the act's duration to July 1, 2010, when it would become inoperative, and all funds under the act that are unexpended or unencumbered as of that date would revert to the General Fund. SUPPORT - CHAPTERED

AB 1572 (De Vore)

Health plan conversions from non-profit to for-profit. WATCH - 2 Year Bill.

SB 236 (Runner)

This bill would express the Legislature's intent to enact the CalCARE program to improve access to health services for residents. WATCH - Inactive

SB 349 (Perata)

Health care coverage: electronic billing - Allows for the consumer option of paper billing at no extra cost. WATCH -2 Year Bill.

• SB 389 (Yee)

Health care coverage: claims. This bill would require the Department of Managed Health Care and the Department of Insurance, on or before March 1, 2008, to implement an independent provider dispute resolution system, in consultation with representatives of health plans or insurers, providers, and consumer representatives. SUPPORT - 2 Year Bill.

• SB 840 (Kuehl)

Once again Senator Kuehl has introduced the California Universal Healthcare System bill, and once again we are supporting it as the only bill we have seen which removes the duplicative, costly administrative burden of private insurance and guarantees coverage, including mental health care, for all Californians. This bill was purposely held in committee to prevent a veto by the Governor. SUPPORT - 2 Year Bill.

Corrections/Rehabilitation

AB 76 (Lieber)

This bill would develop a community-based female offender program whereby female offenders who committed a nonviolent or nonserious offense are housed in the same facility during their term of imprisonment, while participating in a residential aftercare program during parole. The bill would require the department to secure 2,900 community correctional center beds for nonserious and nonviolent female offenders, with no more than 200 beds in each facility. SUPPORT - CHAPTERED

AB 161 (Bass)

This bill, the Collaborative Opportunities for Rehabilitation and Employment (CORE) Act, would create a competitive grant program whereby community-based organizations, in collaboration with law enforcement agencies, could apply to the Department of Justice for financial assistance to implement plans to establish and operate reentry services for local jail inmates that provide necessary services and supports including mental health to reduce the rate of recidivism of offenders and increase the potential for their successful reintegration into society. SUPPORT - 2 Year Bill.

AB 407 (Swanson)

This bill would establish the Probation Youth Success Act, a 3-year pilot program to be conducted by the Los Angeles County Office of Education and the Alameda County Office of Education. The act would require those county offices of education, if they chose to participate, to provide comprehensive, integrated educational, vocational, and mental health services to selected wards in selected juvenile ranches, camps, and forestry camps. The bill would require participating counties to provide matching funds to any state funds received for the program. SUPPORT 2 Year Bill.

SB 851 (Steinberg)

This bill would provide that if a law enforcement official suspects that a crime has been committed by an individual with a severe mental health or substance abuse condition, he or she shall contact the county mental health director to ascertain if there is available treatment capacity to provide that person with services. This bill also provides that if the individual fails to remain in treatment, any pending criminal charges and arrest that had been deferred pending treatment can proceed at that time. SUPPORT - VETOED

SB 864 (Cogdill)

This bill would provide that the California Public Records Act shall not be construed to require disclosure of any record in the custody of the State Department of Mental Health that includes the address, telephone number, or other personal information of a victim of any person who is either a sexually violent predator, based on having been convicted of specified crimes, or is in the custody of the department pending a determination as to whether he or she is a sexually violent predator. It would authorize the department to provide a copy of a record with this information if that record is otherwise subject to disclosure pursuant to the act and if all of the personal information of the victim is redacted. SUPPORT - Held in committee

Domestic Violence

AB 95 (Beall)

This bill would specify that a court must grant formal probation consistent with the requirements for probation relating to crimes of domestic violence to a defendant convicted of battering a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship. This bill would also allow a court to impose a summary period of probation after the defendant completes a court ordered batterer's treatment program. WATCH 2 Year Bill.

Child Custody

AB 164 (Smyth)

This bill would provide that a parent shall not be denied access to the child's records because he or she does not have physical custody of the child, so long as that parent has legal custody, whether sole or joint. The bill would add mental health records of the minor child among those records subject to this provision. SUPPORT - 2 Year Bill.

AB 612 (Ruskin)

This bill would replace references to "child custody evaluators" and "evaluations" with conforming references to "child custody investigators" and "investigations." The bill would permit a court, as part of a child custody investigation pursuant to these provisions, to grant a motion for a mental or psychological examination of a parent only for good cause shown, as specified, under exceptional circumstances when there is strong evidence that a parent's current mental or psychological status might seriously impair his or her parenting ability. WATCH - Inactive

Mental Health Payment

AB 308 (Galgiani)

Existing law, the California Prompt Payment Act requires a state agency that acquires property or services pursuant to a contract with a business to make payment to the person or business on the date required by the contract and not more than 45 calendar days from the time the state agency receives an undisputed invoice, or be subject to a late payment penalty. This bill would enact provisions making the California Prompt Payment Act applicable to payments for mental health services provided by a county. SUPPORT Held in committee

CHILD WELFARE

AB 312 (Dymally)

This bill would extend the maximum time period during which reunification services may be offered to 24 months, for parents generally and would extend that time period to 36 months for incarcerated parents. SUPPORT - 2 Year Bill.

AB 673 (Hayashi)

Existing law, the Child Abuse and Neglect Reporting Act, requires the filing of a report with a police department or county sheriff's office or county welfare department by a mandated reporter, as defined, who, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. For the purposes of these provisions, the terms "child abuse or neglect in out-of-home care" and "child abuse or neglect" are defined as including physical injury inflicted by other than accidental means. Failure to file a mandated report is a misdemeanor. This bill would amend the terms "child abuse or neglect in out-of-home care" and "child abuse or neglect" to include death inflicted by other than accidental means. This bill contains other related provisions and other existing laws. SUPPORT - CHAPTERED

AB 713 (Maze)

This bill would enact legislation that would sufficiently fund programs that provide financial support, and an array of enhanced services to accommodate the individual needs of youth who are emancipating from the foster care system. SUPPORT - 2 Year Bill.

AB 1330 (Evans)

Foster children: psychotropic drugs: data. Existing law provides for oversight by various state and local entities of certain populations of children, including those who are dependent children or wards of the juvenile court, and those who are in foster care, or are otherwise under the supervision of county welfare departments. This bill would require the State Department of Social Services to collect and maintain specified information regarding foster youth who are prescribed psychotropic medication. WATCH 2 Year Bill.

AB 1475 (Galgiani)

This bill would expand the list of persons identified as mandated reporters to include commercial computer technicians, as defined. SUPPORT - Held in committee

AB 1514 (Maze)

This bill mandates that only a juvenile court judicial officer is authorized to make orders administering psychotropic medication to juveniles who are wards of the court. WATCH - CHAPTERED

AB 1687 (Brownley)

This bill would require, if a service provider determines that the disclosure of information and records of a child in the custodial care of the county is necessary to prevent serious harm to that child or others, information and records relating to the diagnosis, treatment, participation in counseling, and other information obtained in the course of providing services to that child to be disclosed to a county social worker, probation officer, or custodial caregiver. The bill would also provide that the disclosure of information and records pursuant to these provisions is not intended to limit the disclosure of information and records subject to a valid authorization or when disclosure is required by law, or prohibit an existing disclosure of information and records by a claim of privileged or confidential information when a court of competent jurisdiction orders a mental health examination or treatment. WATCH - CHAPTERED

SB 39 (Midgen)

County welfare agencies and departments: child abuse and neglect files. Existing law requires the case file of a dependent child or ward of the juvenile court to be kept confidential, except as specified. Existing law permits the juvenile case files that pertain to a deceased child who was within the jurisdiction of the juvenile court to be released to the public after a petition has been filed and interested parties have been afforded an opportunity to file an objection, subject to certain limitations. This bill would revise those provisions and instead require that juvenile case files that pertain to any child who died as the result of child abuse or neglect shall be released to the public, subject to certain limitations set forth in the bill. The bill would also add specified attorneys to the persons allowed access to a juvenile case file. WATCH - CHAPTERED

SB 153 (Migden)

The bill would authorize counties to establish child advocacy centers to coordinate the activities of the various agencies involved in the investigation and prosecution of alleged child abuse and mitigation of family violence. The bill would require each county that establishes a child advocacy center to develop an interagency protocol agreement. The bill would also establish the Victim Trauma Recovery Fund for the purpose of supporting victim recovery programs, and direct the Office of Emergency Services to use the fund to award grants for those purposes. SUPPORT - Inactive file

• SB 785 (Steinberg)

This bill would require the State Department of Mental Health to create a standardized contract, service authorization procedure, and set of documentation standards and forms, and to use these items to facilitate the receipt of medically necessary specialty mental health services by a foster child who is placed outside of his or her county of original jurisdiction. In addition, the bill would require the department to explain to foster care providers how to arrange for mental health services on behalf of the beneficiary in their care, and to allow county child welfare agencies to make appropriate referrals and access information relating to the provision of mental health services to children as provided by the bill. SUPPORT - CHAPTERED

Mental Health Coverage

• AB 423 (Beall)

Under existing law, a health care service plan contract and a health insurance policy are required to provide coverage for the diagnosis and treatment of severe mental illnesses of a person of any age. Existing law does not define "severe mental illnesses" for this purpose but describes it as including several conditions. This bill would expand this coverage requirement for a health care service plan contract and a health insurance policy issued, amended, or renewed on or after January 1, 2008, to include the diagnosis and treatment of a mental illness of a person of any age and would define mental illness for this purpose, with certain exceptions, as a mental disorder defined in the Diagnostic and Statistical Manual IV. SUPPORT - VETOED

AB 509 (Hayashi)

The California Suicide Prevention Act of 2000, authorizes the Department of Mental Health to establish and implement a suicide prevention, education, and gatekeeper training program to reduce the severity, duration, and incidence of suicidal behaviors. This bill would require the department to establish the Office of Suicide Prevention and would set forth its duties relating to the establishment and coordination of statewide suicide prevention strategy. SUPPORT - VETOED

Medi-Cal Managed Care

AB 855 (Hayashi)

This bill would require that on and after July 1, 2008, every Medi-Cal managed care contract entered into by the department shall include alcohol and drug treatment services. The bill would also require the department, on or before October 1, 2008, to enter into contracts with a managed care organization for each county, for purposes of claims administration, to ensure that Medi-Cal fee-for-services enrollees have as covered services, alcohol and drug treatment services. Implementation of the bill would be subject to the receipt of federal approval. SUPPORT - 2 Year Bill

• SB 260 (Steinberg)

Existing law provides that federally qualified health center services and rural health clinic services are covered benefits under the Medi-Cal program, to be reimbursed to providers on a per-visit basis. "Visit" is defined as a face-to-face encounter between a patient and a health care professional. This bill would provide that more than one encounter between a patient and the same health care professional on the same day and at a single location may each be separately reimbursed in specified circumstances. The bill would also provide that, under specified circumstances, visits with different health care professionals on the same day of service may be billed as separate visits. SUPPORT - VETOED

Health Care Plans

AB 1155 (Huffman)

Describes certain disciplinary actions available to Department of Managed Health Care Director for Knox-Keene licensed plans. WATCH - Unfinished Business

• AB 1390 (Huffman)

Existing law prohibits a health care service plan from engaging in an unfair payment pattern in its reimbursement of a provider, and permits a provider to report such conduct to the department. Existing law requires the department to make available on its Web site information regarding actions taken under these provisions. This bill would, commencing January 1, 2008, require the Dept. of Managed Health Care Web site information to include the number and disposition of complaints received through the department's online provider complaint system, and would require this information to be updated at least quarterly. SUPPORT - In Committee

• AB 1554 (Jones)

Under existing law, no change in premium rates or coverage in a health care service plan or a health insurance policy may become effective without prior written notification of the change to the contractholder or policyholder. Existing law prohibits a plan and insurer during the term of a plan contract or policy from changing the rate of the premium, copayment, coinsurance, or deductible during specified time periods. This bill would require approval by the Department of Managed Health Care or the Department of Insurance of an increase in the amount of the premium, copayment, coinsurance obligation, deductible, and other charges under a health care service plan or health insurance policy. SUPPORT - In Committee

AB 1572 (De Vore)

Health care service plans: conversion This law requires that a plan intending to convert from nonprofit to for-profit status, submit a conversion proposal to the director and, before approving the conversion, the director is required to find that the proposal sets aside the fair market value of the nonprofit plan and dedicates and transfers it to a tax-exempt charitable organization with a charitable mission and grantmaking function of serving the health care needs of the people of California. This bill would require, that at least 90% of the money expended annually to fulfill the charitable mission and grantmaking function of the tax-exempt charitable organization receiving the set-aside be spent on health care services for Californians who are not receiving health care services through a government program. WATCH 2 Year Bill

• SB 389 (Yee)

This bill would require the Department of Managed Health Care and the Department of Insurance, on or before March 1, 2008, to implement an independent provider dispute resolution system, in consultation with representatives of health plans or insurers, providers, and consumer representatives. SUPPORT 2 Year Bill

Licensing

AB 14 (Laird)

Civil Rights Act of 2007 would subject licensees to disciplinary action for discrimination based on a prospective recipient's sex, race, color, religion, national origin, disability, medical condition, marital status, or sexual orientation. SUPPORT - CHAPTERED

AB 249 (Eng)

Licensees: healing arts: settlement agreements. Existing law prohibits a physician and surgeon from including or permitting to be included specified provisions in a settlement agreement arising from his or her practice regardless of whether the agreement is made before or after filing the civil action. Under existing law, a physician and surgeon who violates this requirement is subject to disciplinary action by the Medical Board of California. This bill would continue to impose that prohibition on physicians and surgeons and would additionally impose it on other healing arts practitioners and would also make them subject to disciplinary action. WATCH VETOED

AB 1025 (Bass)

Existing law authorizes a board to deny licensure on certain bases, including an applicant's conviction of a crime regardless of whether the conviction has been dismissed on specified grounds, an applicant's performance of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit himself or herself or another or to substantially injure another, or an applicant's performance of any act that would be grounds for suspension or revocation of the license. Existing law requires a board that denies an application for licensure to provide the applicant with notice of the denial, as specified. Existing law authorizes a board to suspend or revoke a license on the basis that a licensee has been convicted of a crime that is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued, regardless of whether the conviction has been dismissed on specified grounds, and requires the board to provide the ex-licensee with certain information upon doing so. This bill would provide that a person may not be denied licensure based solely on a criminal conviction if the person has been rehabilitated. The bill would also provide that a person may not be denied licensure or have his or her license suspended or revoked solely based on a criminal conviction that has been dismissed on certain grounds, unless the board provides substantial evidence, as specified, justifying the denial, suspension, or revocation. WATCH - VETOED

AB 1367 (DeSaulnier)

Alcohol and drug abuse counselors license. This bill has enormous problems. We cannot at this time support it. OPPOSE - 2 Year Bill

• AB1486 (Calderon, Charles)

Licensed professional counselors. We will be speaking again to the sponsors of this bill regarding certain provisions. WATCH - 2 Year Bill

SB 963 (Ridley-Thomas)

Licensure boards: operations The bill would make all licensure boards subject to review by a standing policy committee of the Legislature upon request by a Member of the Legislature or the chief of the Office of the Consumer Advocate, which the bill would create in the Department of Consumer Affairs. The bill would, upon the committee's determination that a board is deficient, as specified, provide for the removal of all incumbent board members without a hearing and the appointment of a successor board, as specified. The bill would require the Office of the Consumer Advocate to serve as an independent monitor for a board that is found deficient. The bill would authorize the office to appear at meetings and to participate in disciplinary proceedings by a board within the department if required to promote or protect the interests of consumers, as defined, and would require the office to perform other specified duties. The bill would require the office to charge each board a fee to support the office's functions and would thereby make an appropriation by expanding the expenditure purposes of a continuously appropriated fund. The bill would create the Consumer Advocate Fund where these fees would be deposited and would be available to the office upon appropriation by the Legislature. The bill would require the director to report annually to the Governor and the Legislature, as specified, on the office's operations. OPPOSE - In Committee

SB 993 (Calderon)

Psychologists: scope of practice: prescribing drugs. OPPOSE - 2 Year Bill

Substance Abuse Treatment

ACR 9 (Dymally)

Institutes a Legislative Task Force on Substance Abuse until November 2008, when its findings and recommendations will be reported to the Governor. WATCH

SB 119 (Cedillo)

The bill would require that residential drug and alcohol treatment services and other specified services described in the Youth Treatment Guidelines issued by the State Department of Alcohol and Drug Programs for persons 12 to 20 years of age be a covered benefit under the Medi-Cal Drug Treatment Program. The bill would require the State Department of Health Services to use its best efforts to obtain approval by the federal Centers for Medicare and Medicaid Services of a Medicaid state plan amendment providing for federal financial participation with respect to those services, but would require the services to be covered under the Medi-Cal program only if federal financial participation is available. The bill would provide that county welfare departments shall not be responsible for the costs of board and care related to the provision of the above residential drug and alcohol treatment services. SUPPORT - Held in Committee

Identity Protection

SB 30 (Simitian)

The Information Practices Act of 1977, regulates the collection and disclosure of personal information regarding individuals by state agencies, except as specified. The intentional disclosure of medical, psychiatric, or psychological information in violation of the disclosure provisions of the act is punishable as a misdemeanor if the wrongful disclosure results in economic loss or personal injury to the individual to whom the information pertains. This bill would enact the Identity Information Protection Act of 2007. Until December 31, 2013, or as otherwise specified, the act would require identification documents, as defined and with specified exceptions, that are created, mandated, purchased, or issued by various public entities that use radio waves to transmit data, or to enable data to be read remotely, to meet specified requirements. The bill would provide that a person or entity that knowingly discloses, or causes to be disclosed, operational system keys, as described, shall be punished by imprisonment in a county jail for up to one year, a fine of not more than $5,000, or both that fine and imprisonment. The bill would further authorize declaratory or injunctive relief or a writ of mandate and attorney's fees and costs under specified circumstances. SUPPORT - Inactive File

SB 31 (Simitian)

This bill would provide that a person or entity that intentionally remotely reads or attempts to remotely read a person's identification document, as defined, using radio waves without his or her knowledge and prior consent, as described, shall be punished by imprisonment in a county jail for up to one year, a fine of not more than $5,000, or both that fine and imprisonment. SUPPORT - 2 Year Bill

Out-Of State Plans

• SB 365 (McClintock)

This bill would allow a carrier domiciled in another state to offer, sell, or renew a health care service plan or a health insurance policy in this state without holding a license issued by the department or a certificate of authority issued by the commissioner. The bill would exempt the carrier's plan or policy from requirements otherwise applicable to plans and insurers providing health care coverage in this state if the plan or policy complies with the domiciliary state's requirements, and the carrier is lawfully authorized to issue the plan or policy in that state and to transact business there. We consider this a very dangerous bill. OPPOSE - 2 Year Bill

Public School Health Centers

SB564(Ridley-Thomas)

Existing law defines a "school health center" to mean a center or program that provides age-appropriate health care services at the program site or through referrals, and may be located on or at a local educational agency. This bill would revise that definition to provide that a "school health center" also includes a school health facility that conducts routine physical, mental health, and oral health assessments, and that provides for any services not offered onsite or through a referral process. WATCH - Inactive File

SB 621 (Harman)

Existing law authorizes a minor to obtain various medical, dental, mental health, and counseling services without the consent of his or her parent or guardian and requires the governing board of a school district to notify pupils and the parents or guardians of those pupils that school authorities may excuse a pupil from school to obtain confidential medical services without that consent. Existing law authorizes a school district to include that notice with any other notice made to a parent or guardian of a pupil pursuant to existing law. This bill would require a school district to send that notice separately. WATCH - 2 Year Bill

Victims Compensation

• SB 883 (Calderon)

This bill would increase the limitation on an award for outpatient mental health counseling from $3,000 to $5,000. SUPPORT - CHAPTERED

5150

SB 916 (Yee)

Existing law exempts a licensed general acute care hospital, as defined, licensed professional staff of the hospital, or any physician and surgeon, providing emergency medical services to a person at the hospital from civil and criminal liability for detaining a person, or for the actions of the person after release from the hospital, if certain conditions exist, including, among other things, that the person is not detained beyond 8 hours. This bill would also exempt a facility that is a specified mental health facility designated by the county or, if not so designated, a licensed acute psychiatric hospital, or general acute care hospital that has a psychiatric inpatient unit, that lacks the current capacity or capability to provide appropriate mental health treatment for the person being detained for evaluation and treatment. We believe this bill may prevent unnecessary detention of stabilized patients. WATCH - Chaptered

Confidentiality

AB 825 (Silva)

Persons with developmental disabilities: disclosure of information. Existing law makes all information and records obtained in the course of providing intake assessment and services under statutes relating to services for persons with developmental disabilities confidential, and permits disclosure only under prescribed conditions, including, but not limited to, in communications between qualified professional persons, as specified, in the provision of intake, assessment, and services or appropriate referrals, subject to the consent of the person with developmental disabilities or his or her guardian, as specified. This bill would require a regional center or state developmental center to disclose specified information and records to certain employees of a school district or county office of education, as provided, when disclosure is necessary for a regional center or state developmental center to perform its official duties under existing law, as specified. WATCH - 2 Year Bill

• AB 1178 (Hernandez)

Medical information: disclosures. The Confidentiality of Medical Information Act prohibits a provider of health care, health care service plan, or contractor, as defined, from disclosing medical information regarding a patient, enrollee, or subscriber, except as authorized by that patient, enrollee, or subscriber, or as otherwise required or authorized by law. Under the Confidentiality of Medical Information Act, any violation of the provisions of the act that results in economic loss or personal injury to a patient is punishable as a misdemeanor. This bill would further except from that prohibition the disclosure of medical information, consistent with applicable law and standards of ethical conduct, by a psychotherapist, as defined, 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. SUPPORT - CHAPTERED

AB 1687 (Brownley)

This bill would provide that a provider of health care may disclose medical information to a county social worker, a probation officer, or any other person who is legally authorized to have custody or care of a minor, as defined, for the purpose of coordinating health care services and medical treatment provided to the minor. By expanding the definition of a crime, the bill would impose a state-mandated local program. The bill would also prohibit a county social worker, probation officer, or any other person who is legally authorized to have custody or care of a minor who receives medical information from further disclosing that information unless the disclosure is for the purpose of coordinating health care services and medical treatment of the minor and the disclosure is authorized by law. The bill would further provide that medical information disclosed pursuant to these provisions may not be admitted into evidence in any criminal or delinquency proceeding against the minor thereby requiring a 2/3 vote for enactment pursuant to the Victims' Bill of Rights. The bill would provide that if a provider of health care determines that the disclosure of medical information concerning the diagnosis and treatment of a mental health condition of a minor is reasonably necessary for the purpose of assisting in coordinating the treatment and care of the minor, that medical information may be disclosed to a county social worker, probation officer, or any other person who is legally authorized to have custody or care of the minor. The bill would also prohibit the further disclosure of information concerning the diagnosis and treatment of a mental health condition of a minor unless the disclosure is for the purpose of coordinating mental health services and treatment of the minor and the disclosure is authorized by law. The disclosures do not include psychotherapy notes. WATCH - CHAPTERED

Residential Care

AB 949 (Krekorian)

Residential care facilities for the elderly: resident transfers. This bill would require a licensed residential care facility for the elderly, prior to transferring a resident to another facility or to an independent living arrangement as a result of the forfeiture of a license, or a change of use of the facility to take all reasonable steps to transfer affected residents safely, and minimize possible trauma by taking specified actions relating to resident notification and transfer and relocation planning. The bill would require a facility, if 7 or more residents of the facility will be transferred as a result of the forfeiture of a license or the change in the use of a facility, to submit a proposed closure plan for the affected residents to the department for review, and would require the department to approve or disapprove the plan. The bill would also require an admission agreement to include an explanation of the facility's responsibility to prepare a relocation evaluation for each resident and a closure plan, as provided, and a statement of the licensee's responsibilities and the resident's rights in the event of an eviction. The bill would impose civil penalties of $100 per violation per day. SUPPORT - CHAPTERED