Exemptions from Public Records Act disclosure include confidentiality of resident information in residential care facilities, client information for residential care facilities for the elderly.
In order to provide incidental medical services through a home health agency, an adult community care facility must show an agreed-upon protocol between the agency and the facility. The protocol shall address the sharing of client information related to the home health care plan, client's medical condition and the care and treatment provided to the client by the home health agency, including, but not limited to, medical information defined by the CMIA.
Access to information under Welfare and Institutions Code 14100.2(d) shall be permitted only to the extent and under the conditions provided by federal law and regulations governing the release of such information.
Treatment authorization requests initiated by the adult day health care center shall include a completed history and physical form, a request for adult day health care services signed by the individual's personal health care provider and the participant’s individual plan of care. The adult day health care center shall request an updated history and physical form from the individual's health care provider every 6 months and such update should be maintained in the participant's health record.
Adult day health care centers shall offer and provide directly on the premises medical services that emphasize prevention treatment, rehabilitation, and continuity of care and also provide for maintenance of adequate medical records.
The Department of Health Services may make rules and regulations governing the custody, use, and preservation of all records, papers, files, and communications pertaining to the administration of the laws relating to the Medi-Cal program, prepaid health plans, and adult day health care programs.
When determining whether a provider has demonstrated that participants meet the medical necessity criteria, the Department of Health Services may enter an adult day health care center and review participants' medical records and observe participants receiving care identified in the individual plan of care, in addition to reviewing the information provided with the treatment authorization requests.
In a civil action for a violation of the Elder Abuse and Dependent Adult Civil Protection Act, information acquired through discovery and is protected from disclosure by a protective order shall remain protected, except for information that is evidence of elder or dependent adult abuse. Such information may be filed with the court and shall remain confidential under the protective order for 30 days, after which it will become part of the public court record. A party may petition for a protective order of such information upon a showing of good cause.
An adult protective services agency must immediately report to the appropriate law enforcement agencies cases of elder or dependent adult abuse and any known or suspected criminal activity involved by telephone and followed with a written report.
