Plain English Breakdown
The text confirms protections apply regardless of patient location but relies on existing law for the specific definition of protected activities.
AB-1854: Expanding Protections for Health Care Activities
This law extends protections to health care activities that are legal in California, even if they happen outside the state or involve patients located elsewhere.
What This Bill Does
- Extends existing prohibitions on arrests and cooperation with out-of-state agencies to cover legally protected health care activities performed anywhere, not just inside California.
- Prohibits state and local police from arresting people for these activities if the Governor has declined to surrender them to another state.
- Requires companies located or incorporated in California to notify the Attorney General within 7 days of receiving an out-of-state legal request about health care data, then wait 30 days before responding.
- Expands rules blocking compliance with out-of-state requests from only electronic communication providers to also include financial service companies.
- Allows courts to fine entities $10,000 for a first violation and $15,000 for subsequent violations if they knowingly provide information in response to prohibited inquiries.
Who It Names or Affects
- State and local law enforcement agencies and officers
- California-based electronic communication providers and financial service companies
- Judicial officers, court employees, and attorneys who issue subpoenas
- The Attorney General
Terms To Know
- Legally protected health care activity
- A medical action that is lawful in California, as defined by existing law.
- Affidavit under penalty of perjury
- A written statement required with out-of-state legal requests stating the request does not involve protected health care activities; lying on this document can be a crime.
- Surrender
- The process where one state sends a person to another state to face charges, which the Governor may decline under specific conditions.
Limits and Unknowns
- The bill relies on existing definitions for what constitutes a 'legally protected health care activity' and does not provide new details in this text.
- The official summary states no state reimbursement is required but only notes it is for a 'specified reason' without explaining that reason.