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AB-2088 Patient records: addenda.(2017-2018)

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Date Published: 02/07/2018 09:00 PM
AB2088:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2088


Introduced by Assembly Member Santiago

February 07, 2018


An act to amend Section 123111 of the Health and Safety Code, relating to patient records.


LEGISLATIVE COUNSEL'S DIGEST


AB 2088, as introduced, Santiago. Patient records: addenda.
Existing law requires a health care provider to allow an adult patient who inspects his or her patient records to provide to the health care provider a written addendum with respect to any item or statement in his or her records that the patient believes to be incomplete or incorrect. Existing law authorizes any minor patient authorized by law to consent to a medical treatment to inspect his or her patient records, as specified. A violation of these provisions is punishable as a crime.
This bill would require a health care provider to allow a patient, regardless of his or her ages, who inspects his or her patient records to provide to the health care provider a written addendum with respect to any item or statement in his or her records that the patient believes to be incomplete or incorrect. By increasing the scope of a crime, this bill would create a state-mandated local program. The bill would additionally correct an erroneous cross reference.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 123111 of the Health and Safety Code is amended to read:

123111.
 (a) Any adultA patient who inspects his or her patient records pursuant to Section 123110 shall have has the right to provide to the health care provider a written addendum with respect to any item or statement in his or her records that the patient believes to be incomplete or incorrect. The addendum shall be limited to 250 words per alleged incomplete or incorrect item in the patient’s record and shall clearly indicate in writing that the patient wishes requests the addendum to be made a part of his or her record.
(b) The health care provider shall attach the addendum to the patient’s records and shall include that addendum whenever if the health care provider makes a disclosure of the allegedly incomplete or incorrect portion of the patient’s records to any third party.
(c) The receipt of information in a patient’s addendum which contains defamatory or otherwise unlawful language, and the inclusion of this information in the patient’s records, in accordance with subdivision (b), shall not, in and of itself, subject the health care provider to liability in any civil, criminal, administrative, or other proceeding.
(d) Subdivision (f) (i) of Section 123110 and Section 123120 shall be are applicable with respect to any violation of this section by a health care provider.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.