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.
In the case of unlawful or unauthorized access to, use, or disclosure of a patient's medical information, the licensed clinic, health facility, home health agency, or hospice shall report the unlawful or unauthorized disclosure to (1) the Department of Public Health and (2) to the affected patient or the patient's representative no later than five business days after detection of the unlawful disclosure.
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.
Every long term care insurer shall maintain a record of all policy or certificate rescissions, and shall annually furnish this information to the commissioner, which shall include the reason for rescission, the length of time the policy or certificate was in force, and the age and gender of the insured person. The commissioner may make public the aggregate data collected.
Court orders in response to a public guardian's petition pursuant to Probate Code 2910 shall authorize health care providers to disclose a person's confidential medical information as permitted under California law and HIPAA and direct the public guardian or adult protective services to keep the information confidential or destroy the information/ give the copies to the person subject to the investigation if the proceeding is not commences within 60 days of the order.
The State Department shall publish annual reports about the operation of this division. Each local mental health director and each facility providing services pursuant to this division shall provide the Department any information, records and report which the department requests and finds necessary for such report. The department shall not have access to any patient name identifiers.
Unprofessional conduct by licensed dental hygienist includes the failure to report to the Dental Hygiene Committee in writing within seven days: (1) the death of his or her patient during the performance of any dental hygiene procedure; (2) the discovery of the death of a patient whose death is related to a dental hygiene procedure performed by him or her; or (3) except for a scheduled hospitalization, the removal to a hospital or emergency center for medical treatment for a period exceeding 24 hours of any patient as a result of dental or dental hygiene treatment.
A registered dental hygienist shall report to the Dental Hygiene Committee all deaths occurring in his or her practice with a copy sent to the Dental Board if the death occurred while working as an employee in a dental office. A dentist shall report to the dental board all deaths occurring in his or her practice with a copy sent to the committee if the death was the result of treatment by a registered dental hygienist.
Unprofessional conduct by a licensed dentist includes the failure to report to the Dental Board the death of a patient related to the performance of any dental procedure; or the unexpected removal to a hospital or emergency center for medical treatment for a period exceeding 24 hours of any patient as a result of dental treatment. Upon receipt of such a report, the board may conduct an inspection of the dental office if deemed necessary.
