Exemptions from Public Records Act disclosure include confidentiality of resident information in residential care facilities, client information for residential care facilities for the elderly.
Sales of disability insurance, Medicare supplement insurance and long-term care insurance sold to persons aged 65 years or older, shall be registered by the insurer with the commissioner. The commissioner shall provide facilities for the computerized recordkeeping of all registered policies and certificates. The commissioner shall adopt regulations to implement and administer registration pursuant to this section. Regulations shall include criteria for releasing the registered information to parties outside the department.
A residential care facility for the elderly, skilled nursing facility or intermediate or congregated care facility must contact the person named in the patient's admission agreement in the event of a significant change in physical or mental status.
Confidential medical information may be shared between the home health agency and the residential care facility for the elderly relative to the client's medical condition and the care and treatment provided to the client by the home health agency.
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.
A local law enforcement agency must immediately report to the ombudsman program when the abuse is alleged to have occurred in a long-term care facility or to the county adult protective services if abuse occurred elsewhere. The law enforcement agency must also report the abuse to the agency responsible for investigating cases of elder and dependent adult abuse.
An adult protective services agency, a local law enforcement agency, or an ombudsman program receiving a report of elder or dependent adult abuse alleged to have occurred in a long-term care facility must report such information to the licensing agency.
An adult protective services agency, a local law enforcement agency, or an ombudsman program must report results of investigations of elder or dependent adult abuse to agencies that reported or referred the abuse incident.
Agencies providing services to older adults through a multidisciplinary team may provide information about older adult clients only to other county agency multidisciplinary team members providing services to same individuals to coordinate treatment between agencies. The county patients' rights advocate shall report any negative consequences of the implementation of this exception to confidentiality requirements to the local mental health director.
