(e) Terms of imprisonment are subject to recall and reconsideration if any physician employed by the department determines, and subsequently notifies the chief medical officer, that a prisoner has six months or less to live or is permanently medically incapacitated. If the chief medical officer concurs with the prognosis, he or she shall notify the warden of the re-sentencing proceedings. The warden shall then provide the prisoner and his or her family member, agent, or emergency contact updated information throughout the recall and re-sentencing procedures.
If a patient with an emergency medical condition is covered by a health care service plan that requires prior authorization for poststabilization care, a noncontracting hospital shall seek to contact the patient's health care service plan or its contracting medical provider for authorization to provide poststabilization care.
A continuing care contract must contain the following provisions: (1) Before the continuing care retirement community transfers a resident, the community must first involve the resident and the resident's responsible person, and if requested, the resident’s family members or physician or other appropriate health professional, in the assessment process for the provider’s transfer decision. If assessment tools are used, the provider shall make copies of the completed assessment available upon the request of the resident or the resident's responsible person.
All health facility reports shall be maintained at the office's Sacramento office and made available upon the demand of any person. Such reports shall also be posted on its website, except for discharge and encounter data which must be available for public inspection unless the office determines that under applicable law that a patient's right of confidentiality would be violated.
The Department of Developmental Services must contract with an independent agency or organization to track and monitor persons with developmental disabilities when they are moved from state hospitals to the community. The contractor must maintain information for each person tracked including the person's name, address, nature of disability, and medical condition. [Statute may have sunsetted as of January 1, 2010, as AB 45 (2009) failed to extend its life]
If the patient (or the patient's spouse or legal guardian) refuses to consent to the patient's transfer, the noncontracting hospital shall provide written notice indicating that the patient will be financially responsible for any further poststabilization care provided by the hospital. The hospital shall give one copy of the written notice to the patient (or the patient's spouse or legal guardian) for signature and may retain a copy in the patient's medical record.
If poststabilization care has been authorized by the health care service plan, the noncontracting hospital shall request the patient's medical record from the patient's health care service plan or its contracting medical provider. The health care service plan, or its contracting medical provider, shall transmit any appropriate portion of the patient's medical record via facsimile transmission or electronic mail, in a manner that complies with all legal requirements to protect the patient's privacy.
Every general acute care hospital and ambulatory surgery clinic shall file a data record with the Office of Statewide Health Planning & Development for each ambulatory surgery performed. This information is confidential and identifiable patient data shall be exempt from the Public Records Act.
A hospital that transfers a patient for care and treatment to relieve/eliminate a psychiatric emergency medical condition shall (1) seek to obtain the name and contact information of the patient’s health care service plan and (2) notify the patient's health care service plan or the health plan's contracting medical provider of the transfer. The hospital shall document its attempt to ascertain this information in the patient's medical record.
If during a pending misdemeanor action the judge determines there is reason to believe that the defendant is mentally disordered and may be incompetent to stand, the judge must state this and the reasons for the belief in the record. The judge shall ask the defendant's attorney if she believes the defendant is mentally disordered. If the attorney believes the defendant may be mentally disordered, the court shall refer the defendant for evaluation and treatment. The court may order the facility providing treatment and evaluation to provide the court with the defendant's discharge summary.
