CA SB398

Expands protection and advocacy agency authority to investigate abuse and neglect of persons with disabilities by granting reasonable unaccompanied access to facilities, programs, and service providers at all times without advance notice.

Requires facilities to provide immediate access to interview individuals with disabilities unless treatment or therapy would be interfered with; if access delayed beyond 24 hours, facility must provide written medical justification and engage in good faith process to determine interview timing.

Grants protection and advocacy agencies access to records of individuals with disabilities within three business days (or 24 hours in emergencies), including medical records, investigative reports, and personnel records related to abuse or neglect investigations.

Requires written consent from individuals with disabilities, clients, and information sources before the protection and advocacy agency releases information to unauthorized parties, with limited exceptions for reporting to investigative agencies and legal action.

Permits sharing of health information with protection and advocacy agencies to the extent required by federal law (HIPAA) and compliant with California privacy protections.