Welf. & Inst. Code 4903
Summary:
The protection and advocacy agency shall have access to the medical and other records of the following persons with disabilities: 1) any person who is a client of or requested assistance from the agency if the agency has received authorization for such access from the person or person's designated agent or other legal representative, although the person may subsequently deny such access; 2) any person that cannot be located and who is unable to authorize access due to mental or physical condition, who does not have a legal representative, and the agency has received a complaint or there is probable cause that the individual has been subject to abuse or neglect; 3) any person who is deceased and the agency has received a complaint or there is probable cause that the individual was abused or neglected; and, 4) any person as in (2) who has a legal representative and such representative has been contacted by the agency, the agency offered the representative assistance in resolving the situation, and the represent
Parties Bound:
Protection and advocacy agency Associated Federal Law(s):
Uses and disclosures for which an authorization is required : Authorization is generally required for use or disclosure of protected health information. Use must be consistent with authorization
Associated Federal Law(s):
Uses and disclosures for which an authorization or opportunity to agree or object is not required : for oversight of the health care system, including investigations, disciplinary actions
Associated Federal Law(s):
Uses and disclosures for which an authorization or opportunity to agree or object is not required : about victims of abuse, neglect or domestic violence