AB 2091

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 26, 2022
  • Senate
  • Governor

Disclosure of information: reproductive health and foreign penal civil actions.

Abstract

(1) Existing law provides that every individual possesses a fundamental right of privacy with respect to their personal reproductive decisions. Existing law prohibits the state from denying or interfering with a person's right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the person. Existing law requires a health insurer to take specified steps to protect the confidentiality of an insured's medical information, and prohibits an insurer from disclosing medical information related to sensitive health care services to the policyholder or any insureds other than the protected individual receiving care. Existing law generally prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information regarding a patient, enrollee, or subscriber without first obtaining an authorization, unless a specified exception applies, including that the disclosure is in response to a subpoena. Existing law prohibits an employer from using or disclosing medical information that it possesses pertaining to its employees without the patient having first signed an authorization, unless a specified exception applies, including that the disclosure is compelled by judicial or administrative process or by any other specific provision of law. Existing law authorizes a California court or attorney to issue a subpoena if a foreign subpoena has been sought in this state. This bill would prohibit compelling a person to identify or provide information that would identify or that is related to an individual who has sought or obtained an abortion in a state, county, city, or other local criminal, administrative, legislative, or other proceeding if the information is being requested based on another state's laws that interfere with a person's right to choose or obtain an abortion or a foreign penal civil action, as defined. The bill would authorize the Insurance Commissioner to assess a civil penalty, as specified, against an insurer that has disclosed an insured's confidential medical information. The bill would prohibit a provider of health care, a health care service plan, a contractor, or an employer from releasing medical information that would identify an individual or related to an individual seeking or obtaining an abortion in response to a subpoena or a request or to law enforcement if that subpoena, request, or the purpose of law enforcement for the medical information is based on, or for the purpose of enforcement of, either another state's laws that interfere with a person's rights to choose or obtain an abortion or a foreign penal civil action. The bill would prohibit issuance of a subpoena if the submitted foreign subpoena relates to a foreign penal civil action and the submitted foreign subpoena would require disclosure of information related to sensitive services, as defined. (2) Existing law sets forth the health care access rights of an incarcerated pregnant person and an incarcerated person who is identified as possibly pregnant or capable of becoming pregnant. Existing law prohibits the imposition of conditions or restrictions on an incarcerated person's ability to obtain an abortion. This bill would prohibit prison staff from disclosing identifying medical information related to an incarcerated person's right to seek and obtain an abortion if the information is being requested based on another state's law that interferes with a person's rights to choose or obtain an abortion or a foreign penal civil action. (3) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Sponsors (19)

Votes


Actions


Aug 09, 2022

Senate

Read second time. Ordered to third reading.

Aug 08, 2022

Senate

From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

Aug 01, 2022

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Jul 27, 2022

Senate

In committee: Hearing postponed by committee.

Jun 30, 2022

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (June 29). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Jun 15, 2022

Senate

From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 9. Noes 2.) (June 14). Re-referred to Com. on HEALTH.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on HEALTH.

Jun 08, 2022

Senate

Referred to Coms. on JUD. and HEALTH.

  • Referral-Committee
Coms. on JUD. and HEALTH.

May 27, 2022

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

May 26, 2022

Assembly

Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 54. Noes 16.).

May 12, 2022

Assembly

Read second time. Ordered to third reading.

Assembly

Read third time and amended. Ordered to third reading. (Ayes 50. Noes 14. Page 4651.)

May 11, 2022

Assembly

From committee: Do pass. (Ayes 12. Noes 4.) (May 11).

May 04, 2022

Assembly

Coauthors revised.

Apr 27, 2022

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 3.) (April 26). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Apr 07, 2022

Assembly

Re-referred to Com. on HEALTH.

  • Referral-Committee
Com. on HEALTH.

Apr 06, 2022

Assembly

Read second time and amended.

Apr 05, 2022

Assembly

From committee: Amend, and do pass as amended and re-refer to Com. on HEALTH. (Ayes 7. Noes 2.) (April 5).

Mar 28, 2022

Assembly

Re-referred to Com. on JUD.

  • Referral-Committee
Com. on JUD.

Mar 24, 2022

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

Assembly

Referred to Coms. on JUD. and HEALTH.

  • Referral-Committee
Coms. on JUD. and HEALTH.

Feb 15, 2022

Assembly

From printer. May be heard in committee March 17.

Feb 14, 2022

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB2091 HTML
02/14/22 - Introduced PDF
03/24/22 - Amended Assembly PDF
04/06/22 - Amended Assembly PDF
05/12/22 - Amended Assembly PDF
08/01/22 - Amended Senate PDF

Related Documents

Document Format
04/02/22- Assembly Judiciary PDF
04/22/22- Assembly Health PDF
05/09/22- Assembly Appropriations PDF
05/13/22- ASSEMBLY FLOOR ANALYSIS PDF
06/10/22- Senate Judiciary PDF
06/27/22- Senate Health PDF
08/10/22- Sen. Floor Analyses PDF

Sources

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