Regulatory Update for Medical Information Breach Administrative Penalties and Reporting Requirements

AFL 21-21 From the California Department of Public Health July 2, 2021 TO: All FacilitiesSUBJECT: Regulatory Update for Medical Information Breach Administrative Penalties and Reporting Requirements ​AUTHORITY: California Health and Safety Code (HSC) section 1208.15  All Facilities Letter (AFL) Summary This AFL informs health care facilities of adopted regulations, effective July 1, 2021. The regulations are available at the Office of Regulations website.The regulations clarify how administrative penalties for violations of medical information breach will be assessed.The regulations also specify reporting requirements and procedures that health care facilities must follow for medical information breaches.

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Avoid Long Term Care Facilities with Restrictive Visitation Policies

Despite plummeting rates of COVID infections and deaths in nursing homes and the lifting of public health-oriented restrictions, long term care facilities throughout the state are still limiting visits from families and friends to a measly 30 minutes per week.  Other facilities, in stark contrast, are permitting extensive daily visitation.  The wide range of visitation policies among facilities has been enabled by the State’s continued waiver of laws that normally require broad visitation access for residents.  Potential residents and their loved ones are strongly encouraged to speak with the managers of facilities they are considering and ask for written copies of their visitation policies.

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