In addition to any other remedies available at law, a patient whose medical information has been used or disclosed in violation of (specified provisions) and who has sustained economic loss or personal injury therefrom may recover damages, attorney's fees and the costs of litigation.
There is no psychotherapist-patient privilege if the psychotherapist is appointed by the court to examine the patient, unless the psychotherapist is appointed upon request of the patient's lawyer to obtain information to advise the patient of whether or not to utilize a defense based on insanity or on his mental or emotional condition. There is no privilege if the psychotherapist is appointed by the Board of Prison Terms to examine the patient.
Medical professionals (as specified) must make all of a patient's records available for inspection to an attorney presenting a written authorization from the patient
Either the employee or the employer may object to the medical determination made by the treating physician provided that the medical issue does not fall within the exceptions from objections. If the employee objects to the utilization review decision to modify, delay , or deny the recommended treatment, the employee must notify the employer. If the employer has an attorney a medical evaluation must be obtained as provided and no other medical evaluation may be obtained.
The employer may object to the recommendation for spinal surgery made by the treating physician. If the employee has an attorney, the parties must agree on an orthopedic surgeon or neurosurgeon to prepare a second opinion to resolve the dispute. If an agreement is not reached or the employee does not have an attorney, the administrative director must randomly select an orthopedic surgeon or orthopedic surgeon to prepare a second opinion to resolve the dispute.
Petitioners for conservatorship appointment must provide supplemental information regarding: the proposed conservatee's inability to provide for his physical health, food, clothing and shelter needs; the location for proposed conservatee residency; alternatives to conservatorship and why they are unavailable; health and social services provided to the proposed conservatee for the previous year; and the proposed conservatee's inability to handle his finances. Supplemental information shall be confidential and provided on a form separate from the actual petition.
With regards to a court investigator’s report evaluating a conservatorship, confidential medical information about the conservatee will be sent as a separate attachment to the report to the conservator, attorneys of record for the conservator, conservatee, and the court. The confidential medical information will not be included in the copies of the report sent to the conservatee's spouse or registered domestic partner, and the conservatee's relatives.
Notwithstanding the general confidentiality protections of Welf. & Inst. Code 5328, information and records shall be disclosed to the attorney for the patient in any and all proceedings upon presentation of a release of information signed by the patient; if the patient is unable to sign the release, the staff of the facility, upon satisfying itself of the identity of the attorney and that the attorney does represent the interests of the patient, may release all information and records relating to the patient.
