Acute care hospital shall make reasonable efforts to contact the patient's agent, family member or person who has the authority to make health care decisions on behalf of the patient by examining any medical records regarding the patient in its possession and contacting the Secretary of State to inquire whether the patient has registered an advance health care directive with the Advance Health Care Directive Registry.
Unless otherwise stated, a person authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy, consent to disclosure of medical or any other health care information.
An agent designated in the power of attorney may make health care decisions for the principal to the same extent the principal could make the decisions should the principal have had the capacity to do so, including authorizing the release of records of the principal to the extent necessary for the agent to fulfill his or her duties.
Petitioners for conservatorship appointment must provide supplemental information regarding: the proposed conservatee's inability to provide for his physical health, food, clothing and shelter needs; the location for proposed conservatee residency; alternatives to conservatorship and why they are unavailable; health and social services provided to the proposed conservatee for the previous year; and the proposed conservatee's inability to handle his finances. Supplemental information shall be confidential and provided on a form separate from the actual petition.
If the proposed conservatee is an allegedly developmentally disabled adult, the petition must include the nature and degree of the alleged disability and whether the proposed limited conservatee is or is alleged to be developmentally disabled.
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.
In any proceeding to establish a limited or general conservatorship for a person with developmental disabilities, a proposed limited conservatee with his or her consent shall be assessed at a regional center pursuant to Welf. & Inst. Code 4620, who will submit a written report of findings and recommendations to the court. A copy of the report shall be mailed to the proposed limited conservatee and his or her attorney, other persons as the court orders. The report is confidential and shall not be made available to other parties, unless with the court's discretion.
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.
The section sets out requirements of recording of advance health care directive-related information in patient's health care record and notification to agent or surrogate regarding revocation or disqualification
