In a civil action for a violation of the Elder Abuse and Dependent Adult Civil Protection Act, information acquired through discovery and is protected from disclosure by a protective order shall remain protected, except for information that is evidence of elder or dependent adult abuse. Such information may be filed with the court and shall remain confidential under the protective order for 30 days, after which it will become part of the public court record. A party may petition for a protective order of such information upon a showing of good cause.
Exemptions from Public Records Act disclosure include confidentiality of resident information in residential care facilities, client information for residential care facilities for the elderly.
Confidential medical information may be shared between the home health agency and the residential care facility for the elderly relative to the client's medical condition and the care and treatment provided to the client by the home health agency.
Sales of disability insurance, Medicare supplement insurance and long-term care insurance sold to persons aged 65 years or older, shall be registered by the insurer with the commissioner. The commissioner shall provide facilities for the computerized recordkeeping of all registered policies and certificates. The commissioner shall adopt regulations to implement and administer registration pursuant to this section. Regulations shall include criteria for releasing the registered information to parties outside the department.
Access to registered information in a purely statistical format, which neither identifies nor enables identification of a particular policyholder, may be released at the discretion of the commissioner to any party who demonstrates that the information will be used only for other than commercial purposes.
Access to information under Welfare and Institutions Code 14100.2(d) shall be permitted only to the extent and under the conditions provided by federal law and regulations governing the release of such information.
Treatment authorization requests initiated by the adult day health care center shall include a completed history and physical form, a request for adult day health care services signed by the individual's personal health care provider and the participant’s individual plan of care. The adult day health care center shall request an updated history and physical form from the individual's health care provider every 6 months and such update should be maintained in the participant's health record.
Any person responsible for the care or custody of an elder dependent adult is a mandated reporter. Mandated reporters must immediately report any known or suspected instance of physical abuse, abandonment, abduction, isolation, financial abuse, or neglect by telephone and followed up with a written report, unless what of the exceptions listed apply.
