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CA AB998

Bill

Status

Engrossed

5/27/2021

Primary Sponsor

Tom Lackey

Click for details

Origin

State Assembly

2021-2022 Session

AI Summary

  • Requires the Department of Corrections and Rehabilitation, State Department of State Hospitals, and county agencies to disclose mental health records by electronic transmission when possible at time of transfer or within 7 days when an inmate who received mental health services is transferred between facilities.

  • Defines "mental health records" to include clinician and psychiatrist assessments, progress notes, dates of treatment, incident reports, medication lists, and suicide watch or mental health crisis records.

  • Mandates all mental health record transmissions comply with the Confidentiality of Medical Information Act, Health Insurance Portability and Accountability Act (HIPAA), Health Information Technology for Economic and Clinical Health Act (HITECH), and related federal regulations.

  • Specifies mental health records disclosure is required to ensure sufficient history for parole evaluation requirements under Section 2962 and to maintain continuity of mental health treatment during inmate transfers.

  • Provides that if the Commission on State Mandates determines the bill imposes state-mandated costs on local agencies, reimbursement shall be made pursuant to Government Code provisions.

Legislative Description

Incarcerated persons: health records.

Last Action

In committee: Held under submission.

8/26/2021

Committee Referrals

Appropriations7/6/2021
Public Safety6/9/2021
Rules5/28/2021
Appropriations4/7/2021
Public Safety3/4/2021

Full Bill Text

No bill text available