Health care provider entities: patients accompanied by immigration enforcement officers.
What changed between versions
Removed the explicit right to 'private communication with legal counsel' from the list of patient rights protected when accompanied by an immigration enforcement officer (former subdivision (a)(1)).
Section 24261(c) changed the trigger for providing discharge summaries to third parties from 'upon the patient's request, authorization' to simply 'upon the patient's authorization,' removing the separate 'request' standard.
Changed the list of resources health care providers may offer from 'immigrant advocacy groups and resources' to simply 'immigrant resources,' removing the specific reference to advocacy groups.
Section 24261(a) discharge planning was significantly simplified. The old version required the provider to request written confirmation from the immigration enforcement officer and receiving facility on four specific items (medications, durable medical equipment, postdischarge care, specialty care access). The new version only requires following standard state and federal discharge planning regulations and coordinating with the receiving facility.
Section 24261(b) documentation requirements were simplified. The old version required documenting the treating provider's clinical assessment of whether the receiving facility meets the patient's needs and whether the immigration officer or facility confirmed, declined, or was unresponsive. The new version only requires documenting the receiving facility (to the extent known) and a record of discharge planning discussions.
Removed the reference to HIPAA and the Confidentiality of Medical Information Act as the legal basis for restricting immigration enforcement officer presence in patient rooms; the restriction now stands on its own without citing those statutes.
Severability clause renumbered from Section 24263 to Section 24264 to accommodate the new criminal custody exception section.
Added new subdivision (e) to Section 24259 providing a safe harbor: a health care provider entity is deemed to have satisfied its obligations if it complied with the section's requirements, even if an immigration enforcement officer fails to comply with requests or the law.
Added new Section 24261(d) providing that a health care provider entity is not liable for failure to coordinate discharge planning or complete discussions when it was unable to contact the receiving facility despite diligent and good faith efforts.
Added new Section 24263 creating an exception: if a patient in the custody of an immigration officer has a valid judicial warrant for a violation of state or federal criminal law, the chapter's provisions do not prevent the patient from being subject to restrictions permitted for a patient in criminal custody of a law enforcement agency.