Judicial Council shall adopt an expedited procedure to authorize, by court order, a proposed conservatee's health care provider to disclose confidential medical information about the proposed conservatee to a court investigator pursuant to HIPAA.
With regards to a court investigator’s report evaluating a conservatorship, confidential medical information about the conservatee will be sent as a separate attachment to the report to the conservator, attorneys of record for the conservator, conservatee, and the court. The confidential medical information will not be included in the copies of the report sent to the conservatee's spouse or registered domestic partner, and the conservatee's relatives.
Patients' rights advocates must obtain authorization from the client or the guardian ad litem to access, copy, or use the client's confidential records and information. The client or guardian may revoke such authorization at any time.
The medical director of each state hospital for the mentally disordered must make a roster of the gravely disabled persons within the institution. Officer in charge of investigating conservatorships within a county shall be provided with the names and pertinent records of patients to be provided conservatorship investigation.
In the case of a proposed guardianship of a ward of an estate, a court investigator shall have access to an oral or written summary of the proposed ward's medical records and psychological records prepared by any physician, psychologist, or psychiatrist who made or who is maintaining those records.
Mandated reports required by law, and child abuse or neglect investigative reports filed with the Department of Justice, shall be confidential and may be disclosed only to certain persons or agencies, including: the State Department of Social Services, "hospital scan teams" (i.e.
If Child Abuse Central Index information is requested by an agency for the temporary placement of a child in an emergency situation, the Department of Justice is exempt from the requirements of accuracy, relevance, timeliness, and completeness if compliance would cause a delay in providing an expedited response to the agency's inquiry and if further delay in placement may be detrimental to the child.
Officer investigating conservatorship shall provide the court with a written report of the investigation including all relevant aspects of the person's medical condition, psychological condition, and information obtained from the person's principal therapist. The facilities providing intensive treatment or evaluation shall disclose any records or information that may help the investigation. A copy of such report should be forwarded to the individual recommending conservatorship, the person/agency recommended to serve as conservator, and to the person recommended for conservatorship.
Notwithstanding the CMIA, in order for the ombudsman office to carry out its duties, the office shall have access to the medical or personal records of a patient or resident that are retained by the long-term care facility and where the patient/resident is unable to express written/oral consent and there is no guardian/conservator to obtain permission from, then inspection of medical/personal records may occur if there is sufficient cause for the inspection. Licensee and facility personnel that disclose such records shall not be liable for disclosure.
In order for the ombudsman office to carry out its duties, the office shall have access to the medical or personal records of a patient or resident that are retained by the long-term care facility under the following conditions: (a) with written consent of the patient/resident if they have the ability to write, (b) with oral consent of the patient with third party witness, (c) with permission of guardian or conservator unless such person is unknown, cannot be reached within 3 working days, or there is reason to believe that such person is not acting in the best interests of the patient
