Patricia C. Bates
- District 36
Existing law authorizes area agencies on aging and other county agencies that provide services to older adults through an established multidisciplinary team to provide information regarding older adult clients only to other county agencies with staff designated as members of a multidisciplinary team that are, or may be, providing services to the same individuals for purposes of identifying and coordinating the treatment of individuals served by more than one agency. This bill would specifically authorize an area agency on aging or a county, or both, to establish an aging multidisciplinary personnel team, as defined, with the goal of facilitating the expedited identification, assessment, and linkage of older adults to services and to allow provider agencies and members of the personnel team to share confidential information, as specified, for the purpose of coordinating services. Under the bill, any discussion relative to the disclosure or exchange of the information or writings during a team meeting would be confidential and testimony concerning that discussion would not be admissible in any criminal, civil, or juvenile court proceeding. The bill would require the sharing of information permitted under these provisions to be governed by protocols developed by each area agency on aging or county, as specified, and would require each area agency on aging or county to provide a copy of its protocols to the California Department of Aging. The bill would require the protocols to include a requirement that, unless otherwise permitted by law, an area agency on aging or county obtain the affirmative consent of an individual or their representative before the individual's information is shared and a requirement to notify an individual, among other things, that they may opt out of sharing information at any time. This bill would authorize the aging multidisciplinary personnel team to designate qualified persons to be members of the team for a particular case and would require every member who receives information or records regarding adults and families in their capacity as a member of the team to be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The bill would also require the information or records to be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of each house of the Legislature to exclude any relevant evidence from any criminal proceeding or any trial or hearing of a juvenile for a criminal offense, as specified. Because this bill would exclude from a criminal or juvenile court proceeding any discussion relative to the disclosure or exchange of information or writings during an aging multidisciplinary personnel team meeting, which would otherwise be admissible, it requires a 23 vote of each house of the Legislature.
Chaptered by Secretary of State. Chapter 621, Statutes of 2022.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling.
Read third time. Passed. Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 16. Noes 0.) (August 11).
August 3 set for first hearing. Placed on suspense file.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 21).
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 39. Noes 0. Page 3936.) Ordered to the Assembly.
Ordered to special consent calendar.
From committee: Do pass. (Ayes 7. Noes 0. Page 3793.) (May 19).
Read second time. Ordered to third reading.
Set for hearing May 19.
May 16 hearing: Placed on APPR suspense file.
Set for hearing May 16.
From committee: Do pass as amended and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 3515.) (April 26).
Set for hearing April 26.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0. Page 3325.) (April 5). Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HUMAN S.
Set for hearing April 5.
Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
|Bill Text Versions||Format|
|02/18/22 - Introduced|
|03/30/22 - Amended Senate|
|04/28/22 - Amended Senate|
|06/23/22 - Amended Assembly|
|09/08/22 - Enrolled|
|09/27/22 - Chaptered|
|03/31/22- Senate Human Services|
|04/22/22- Senate Judiciary|
|05/13/22- Senate Appropriations|
|05/21/22- Sen. Floor Analyses|
|06/20/22- Assembly Aging and Long-Term Care|
|08/01/22- Assembly Appropriations|
|08/17/22- ASSEMBLY FLOOR ANALYSIS|
|08/24/22- Sen. Floor Analyses|
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