(a) Insurers shall make medical records available to the Department of Developmental Services or a regional center upon request, so long as (1) the department/regional center certifies that the individual is an applicant/recipient of services for the developmentally disabled or the California Early Intervention Program; or is a person who is legally responsible for the applicant or recipient; and (2) the department/regional center is in certifiable compliance with all state and federal laws pertaining to the confidentiality of medical information.
If a health care provider 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 coordinating the treatment and care of the minor, that 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 mental health treatment or counseling of a minor authorized by this law shall include involvement of the minor's parent or guardian unless, in the opinion of the professional person who is treating or counseling the minor, the involvement would be inappropriate. The professional person shall state in the client record whether and when the person attempted to contact the minor's parent or guardian, and whether the attempt to contact was successful or unsuccessful, or the reason why it would be inappropriate to contact the minor's parent or guardian.
The medical and health report incident to live births required by section 102445 must be clearly labeled "Confidential for Public Health Use Only." The parent shall be informed of the purposes of collecting information, its confidential nature, and that providing information is voluntary.
Safe-surrender site personnel must ensure a medical screening exam and any necessary medical care is provided to child and notify child protective services within 48 hours of obtaining physical custody of the child, and provide any medical information obtained pertinent to the child's health. No consent is required to provide the child with medical care.
The Department of Developmental Services must insure the regional center collects the social security number, the birthday, and the disability status of the client's parents for each new case and at each review of client out-of-home placement.
Medical information disclosed to a county social worker, probation officer, or anyone who is legally authorized to have custody or care of a minor shall not be further disclosed by the recipient 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. Medical information thus disclosed may not be admitted into evidence in any criminal or delinquency proceeding against the minor. But identical evidence obtained through other lawful means (i.e.
Test results for AIDS, AIDS-related conditions, and other communicable diseases shall be sent to the designated recipients with a confidentiality disclaimer: "Medical information regarding the HIV, hepatitis B, or hepatitis C status of the source patient shall be kept confidential and may not be further disclosed, except as otherwise authorized by law.” The exposed individual shall also be informed of the penalties for disclosure for which he or she would be personally liable.
A representative of a minor can be denied access to the minor's patient records where: 1) the patient records pertain to health care of a type for which the minor is lawfully authorized to consent to; or 2) the health care provider determines that granting access may have a detrimental effect on her professional relationship with the minor, the minor’s physical safety or the minor's psychological well-being.