§ 10050. Medical Information - Special Considerations.

(a) Whenever a complaint includes allegations that require the department to obtain and analyze medical information, such as complaints alleging physical or mental disability discrimination or denial of reasonable accommodation, the complainant shall authorize the department in writing to request and obtain copies of all directly relevant medical records or information reasonably necessary to evaluate and prosecute the complaint.

(b) During the enforcement division's investigation, all medical records the department obtains during the investigation shall be maintained in a section of the case file clearly marked “Confidential.”

(c) If an accusation is issued, all directly relevant medical records or information reasonably necessary to prosecute the accusation or civil complaint, if any, may be disclosed by the department when disclosure is necessary to further prosecution and/or settlement of the claim.

(d) No medical records or information shall be disclosed by the department in response to a request for public records made pursuant to the California Public Records Act. (Gov. Code, § 6254(c).)

(e) No medical records or information shall be disclosed by the department in response to a third-party subpoena unless a Notice to Consumer/Employee has been served on the complainant and there has been no objection communicated to the department by the complainant or the complainant's attorney. (Code. Civ. Proc., §§1985.3, 1985.6, and 2020.410.)

(f) The department shall abide by complainant's attorney's requests to protect the privacy of complainant's medical information. However, if the department is unable to obtain the medical information and records it needs to investigate and/or prosecute a complainant's allegations, the department may discontinue the investigation and close the complaint.

HISTORY

1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).

Note

Note: Authority cited: Section 12930(e), Government Code. Reference: Board of Trustees v. Superior Court (1981) 119 Cal.App.3d 516 [174 Cal.Rptr. 160] [discovery of private information requires direct relevance to claim]; Sections 1985.3, 1985.6 and 2020.410, Code of Civil Procedure; and Sections 6253, 6254(c), 12927(c)(1), 12930(f)(1), 12955, 12980(a) and 12980(c), Government Code.