Bus. & Prof. Code 801.01(g) (2006; amended by AB 1070, 2009)

Summary:

Every professional liability insurer, self-insured governmental agency, or licensee or his or her counsel that has received a copy of a patient's medical or hospital records must include with the liability settlement report (to be sent to the Board that licensed the licensee, i.e. the Medical Board of California, the Osteopathic Medical Board of California, or the California Board of Podiatric Medicine) copies of the records and depositions. The records include those prepared by the treating physician and surgeon or podiatrist, or hospital, describing the medical condition, history, care, or treatment of the person whose death or injury is the subject of the report, or a copy of any deposition in the matter that discusses the care, treatment, or medical condition of the person. If confidentiality is required by court order and, as a result, the reporter is unable to provide the records and depositions, documentation to that effect must accompany the original report. A professional liability insurer, self-ins

Data Origin: 
health care providers
Parties Bound: 
professional liability insurers; self-insured governmental agencies; licensee's counsel; Medical Board of California; Osteopathic Medical Board of California; California Board of Podiatric Medicine
California Penalty: 
801.01(f): Failure to substantially comply with this section is a public offense punishable by a fine of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000).
Other Relevant California Code Sections: 
Bus. & Prof. Code 801.01(a) and (b): duty to report settlements in excess of $30,000 arising from claims against licensees of certain boards.
Associated Federal Law(s): 
Uses and disclosures for which an authorization or opportunity to agree or object is not required : for oversight of the health care system, including investigations, disciplinary actions
Associated Federal Law(s): 
Uses and disclosures for which an authorization or opportunity to agree or object is not required : for judicial and administrative proceedings