Los Angeles County may develop a pilot Internet-based health and education passport system to collect and maintain health and education records for foster children under the supervision of the county social services or probation department. The Passport System shall provide access to health and mental health information by health and mental health care providers, educators, foster care givers, and local agency staff to improve the accuracy and reliability of information.
Information and records made confidential in the provision of mental health and developmental services, services for the developmentally disabled, services to those admitted and judicially committed to mental hospitals and institutions, etc., may be disclosed to a county social worker, a probation officer, or any other person legally authorized to have custody/care of a minor, for the purpose of coordinating health care services and medical treatment, mental health services, or services for developmental disabilities, for the minor.
Officer investigating conservatorship shall provide the court with a written report of the investigation including all relevant aspects of the person's medical condition, psychological condition, and information obtained from the person's principal therapist. The facilities providing intensive treatment or evaluation shall disclose any records or information that may help the investigation. A copy of such report should be forwarded to the individual recommending conservatorship, the person/agency recommended to serve as conservator, and to the person recommended for conservatorship.
An agency may disclose personal information to the duly appointed guardian or conservator of the individual or a person representing the individual if it can be proven with reasonable certainty through the possession of agency forms, documents or correspondence that this person is the authorized representative of the individual to whom the information pertains.
All information and records obtained in the course of providing mental health services, developmental services, services for the developmentally disabled, community mental health services, and services in state, federal, and county mental hospitals and institutions and psychiatric hospitals, to either voluntary or involuntary recipients of services shall be confidential.
Notwithstanding the CMIA, in order for the ombudsman office to carry out its duties, the office shall have access to the medical or personal records of a patient or resident that are retained by the long-term care facility and where the patient/resident is unable to express written/oral consent and there is no guardian/conservator to obtain permission from, then inspection of medical/personal records may occur if there is sufficient cause for the inspection. Licensee and facility personnel that disclose such records shall not be liable for disclosure.
Mental health care patients discharged from a facility, and the patient's conservator, guardian, or other legally authorized representative, shall receive an aftercare plan. Plan must include nature of illness and medication. Patient can designate another person to receive copy of plan.
Execution of written consent form for psychotherapeutic procedure shall be entered into the patient's treatment record. If the entry of the consent form copy be deemed an unlawful invasion of privacy, then the form shall be maintained in a confidential manner and place, The consent form shall be available to the person, and his attorney, guardian, and conservator.
Notwithstanding the general confidentiality protections of Welf. & Inst. Code 5328, personal health information shall be disclosed in communications between qualified professional persons in the provision of services or appropriate referrals, or in the course of conservatorship proceedings. The consent of the patient or his or her guardian or conservator shall be obtained before information or records may be disclosed from a facility providing treatment to a facility which does not have the medical or psychological responsibility for the patient's care.
Notwithstanding the general confidentiality protections of Welf. & Inst. Code 5328, if the recipient of services is a minor, ward, or conservatee, the patient’s information and records can be disclosed to persons designated in writing by his or her parent, guardian, guardian ad litem, or conservator.