California 2017-2018 Regular Session

California Assembly Bill AB2088 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Assembly Bill No. ~~2088 CHAPTER 275~~ An act to amend Section 123111 of the Health and Safety Code, relating to patient records. ~~[ Approved by Governor September 06, 2018. Filed with Secretary of State September 06, 2018. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 2088, 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 age, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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) A patient who inspects his or her patient records pursuant to Section 123110 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 patients record and shall clearly indicate in writing that the patient requests the addendum to be made a part of his or her record.(b) The health care provider shall attach the addendum to the patients records and shall include that addendum if the health care provider makes a disclosure of the allegedly incomplete or incorrect portion of the patients records to any third party.(c) The receipt of information in a patients addendum which contains defamatory or otherwise unlawful language, and the inclusion of this information in the patients 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 (i) of Section 123110 and Section 123120 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 XIIIB 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 XIIIB of the California Constitution.
	1	+	Enrolled August 16, 2018 Passed IN Senate August 16, 2018 Passed IN Assembly April 12, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2088Introduced by Assembly Member SantiagoFebruary 07, 2018 An act to amend Section 123111 of the Health and Safety Code, relating to patient records. LEGISLATIVE COUNSEL'S DIGESTAB 2088, 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 age, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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) A patient who inspects his or her patient records pursuant to Section 123110 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 patients record and shall clearly indicate in writing that the patient requests the addendum to be made a part of his or her record.(b) The health care provider shall attach the addendum to the patients records and shall include that addendum if the health care provider makes a disclosure of the allegedly incomplete or incorrect portion of the patients records to any third party.(c) The receipt of information in a patients addendum which contains defamatory or otherwise unlawful language, and the inclusion of this information in the patients 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 (i) of Section 123110 and Section 123120 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 XIIIB 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 XIIIB of the California Constitution.
2	2
3		-	Assembly Bill No. 2088 CHAPTER 275 An act to amend Section 123111 of the Health and Safety Code, relating to patient records. [ Approved by Governor September 06, 2018. Filed with Secretary of State September 06, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 2088, 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 age, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
	3	+	Enrolled August 16, 2018 Passed IN Senate August 16, 2018 Passed IN Assembly April 12, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2088Introduced by Assembly Member SantiagoFebruary 07, 2018 An act to amend Section 123111 of the Health and Safety Code, relating to patient records. LEGISLATIVE COUNSEL'S DIGESTAB 2088, 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 age, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
	4	+
	5	+	Enrolled August 16, 2018 Passed IN Senate August 16, 2018 Passed IN Assembly April 12, 2018
	6	+
	7	+	Enrolled August 16, 2018
	8	+	Passed IN Senate August 16, 2018
	9	+	Passed IN Assembly April 12, 2018
	10	+
	11	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
4	12
5	13		Assembly Bill No. 2088
6		-	CHAPTER 275
	14	+
	15	+	Introduced by Assembly Member SantiagoFebruary 07, 2018
	16	+
	17	+	Introduced by Assembly Member Santiago
	18	+	February 07, 2018
7	19
8	20		An act to amend Section 123111 of the Health and Safety Code, relating to patient records.
9		-
10		-	[ Approved by Governor September 06, 2018. Filed with Secretary of State September 06, 2018. ]
11	21
12	22		LEGISLATIVE COUNSEL'S DIGEST
13	23
14	24		## LEGISLATIVE COUNSEL'S DIGEST
15	25
16	26		AB 2088, Santiago. Patient records: addenda.
17	27
18	28		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 age, 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.
19	29
20	30		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.
21	31
22	32		This bill would require a health care provider to allow a patient, regardless of his or her age, 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.
23	33
24	34		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.
25	35
26	36		This bill would provide that no reimbursement is required by this act for a specified reason.
27	37
28	38		## Digest Key
29	39
30	40		## Bill Text
31	41
32	42		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) A patient who inspects his or her patient records pursuant to Section 123110 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 patients record and shall clearly indicate in writing that the patient requests the addendum to be made a part of his or her record.(b) The health care provider shall attach the addendum to the patients records and shall include that addendum if the health care provider makes a disclosure of the allegedly incomplete or incorrect portion of the patients records to any third party.(c) The receipt of information in a patients addendum which contains defamatory or otherwise unlawful language, and the inclusion of this information in the patients 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 (i) of Section 123110 and Section 123120 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 XIIIB 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 XIIIB of the California Constitution.
33	43
34	44		The people of the State of California do enact as follows:
35	45
36	46		## The people of the State of California do enact as follows:
37	47
38	48		SECTION 1. Section 123111 of the Health and Safety Code is amended to read:123111. (a) A patient who inspects his or her patient records pursuant to Section 123110 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 patients record and shall clearly indicate in writing that the patient requests the addendum to be made a part of his or her record.(b) The health care provider shall attach the addendum to the patients records and shall include that addendum if the health care provider makes a disclosure of the allegedly incomplete or incorrect portion of the patients records to any third party.(c) The receipt of information in a patients addendum which contains defamatory or otherwise unlawful language, and the inclusion of this information in the patients 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 (i) of Section 123110 and Section 123120 are applicable with respect to any violation of this section by a health care provider.
39	49
40	50		SECTION 1. Section 123111 of the Health and Safety Code is amended to read:
41	51
42	52		### SECTION 1.
43	53
44	54		123111. (a) A patient who inspects his or her patient records pursuant to Section 123110 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 patients record and shall clearly indicate in writing that the patient requests the addendum to be made a part of his or her record.(b) The health care provider shall attach the addendum to the patients records and shall include that addendum if the health care provider makes a disclosure of the allegedly incomplete or incorrect portion of the patients records to any third party.(c) The receipt of information in a patients addendum which contains defamatory or otherwise unlawful language, and the inclusion of this information in the patients 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 (i) of Section 123110 and Section 123120 are applicable with respect to any violation of this section by a health care provider.
45	55
46	56		123111. (a) A patient who inspects his or her patient records pursuant to Section 123110 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 patients record and shall clearly indicate in writing that the patient requests the addendum to be made a part of his or her record.(b) The health care provider shall attach the addendum to the patients records and shall include that addendum if the health care provider makes a disclosure of the allegedly incomplete or incorrect portion of the patients records to any third party.(c) The receipt of information in a patients addendum which contains defamatory or otherwise unlawful language, and the inclusion of this information in the patients 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 (i) of Section 123110 and Section 123120 are applicable with respect to any violation of this section by a health care provider.
47	57
48	58		123111. (a) A patient who inspects his or her patient records pursuant to Section 123110 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 patients record and shall clearly indicate in writing that the patient requests the addendum to be made a part of his or her record.(b) The health care provider shall attach the addendum to the patients records and shall include that addendum if the health care provider makes a disclosure of the allegedly incomplete or incorrect portion of the patients records to any third party.(c) The receipt of information in a patients addendum which contains defamatory or otherwise unlawful language, and the inclusion of this information in the patients 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 (i) of Section 123110 and Section 123120 are applicable with respect to any violation of this section by a health care provider.
49	59
50	60
51	61
52	62		123111. (a) A patient who inspects his or her patient records pursuant to Section 123110 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 patients record and shall clearly indicate in writing that the patient requests the addendum to be made a part of his or her record.
53	63
54	64		(b) The health care provider shall attach the addendum to the patients records and shall include that addendum if the health care provider makes a disclosure of the allegedly incomplete or incorrect portion of the patients records to any third party.
55	65
56	66		(c) The receipt of information in a patients addendum which contains defamatory or otherwise unlawful language, and the inclusion of this information in the patients 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.
57	67
58	68		(d) Subdivision (i) of Section 123110 and Section 123120 are applicable with respect to any violation of this section by a health care provider.
59	69
60	70		SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
61	71
62	72		SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
63	73
64	74		SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
65	75
66	76		### SEC. 2.