AB 2091 — Disclosure of information: reproductive health and foreign penal civil actions.

Summary

(1) Existing law provides that every individual possesses a fundamental right of privacy with respect to their personal reproductive decisions. Existing law prohibits the state from denying or interfering with a person's right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the person. Existing law requires a health insurer to take specified steps to protect the confidentiality of an insured's medical information, and prohibits an insurer from disclosing medical information related to sensitive health care services to the policyholder or any insureds other than the protected individual receiving care. Existing law generally prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information regarding a patient, enrollee, or subscriber without first obtaining an authorization, unless a specified exception applies, including that the disclosure is in response to a subpoena. Existing law prohibits an employer from using or disclosing medical information that it possesses pertaining to its employees without the patient having first signed an authorization, unless a specified exception applies, including that the disclosure is compelled by judicial or administrative process or by any other specific provision of law. Existing law authorizes a California court or attorney to issue a subpoena if a foreign subpoena has been sought in this state. This bill would prohibit compelling a person to identify or provide information that would identify or that is related to an individual who has sought or obtained an abortion in a state, county, city, or other local criminal, administrative, legislative, or other proceeding if the information is being requested based on another state's laws that interfere with a person's right to choose or obtain an abortion or a foreign penal civil action, as defined. The bill would authorize the Insurance Commissioner to assess a civil penalty, as specified, against an insurer that has disclosed an insured's confidential medical information. The bill would prohibit a provider of health care, a health care service plan, a contractor, or an employer from releasing medical information that would identify an individual or related to an individual seeking or obtaining an abortion in response to a subpoena or a request or to law enforcement if that subpoena, request, or the purpose of law enforcement for the medical information is based on, or for the purpose of enforcement of, either another state's laws that interfere with a person's rights to choose or obtain an abortion or a foreign penal civil action. The bill would prohibit issuance of a subpoena if the submitted foreign subpoena relates to a foreign penal civil action and the submitted foreign subpoena would require disclosure of information related to sensitive services, as defined. (2) Existing law sets forth the health care access rights of an incarcerated pregnant person and an incarcerated person who is identified as possibly pregnant or capable of becoming pregnant. Existing law prohibits the imposition of conditions or restrictions on an incarcerated person's ability to obtain an abortion. This bill would prohibit prison staff from disclosing identifying medical information related to an incarcerated person's right to seek and obtain an abortion if the information is being requested based on another state's law that interferes with a person's rights to choose or obtain an abortion or a foreign penal civil action. (3) This bill would incorporate additional changes to Sections 2029.300 and 2029.350 of the Code of Civil Procedure proposed by SB 107 to be operative only if this bill and SB 107 are enacted and this bill is enacted last. (4) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

• Chaptered 09/27/22 - Chaptered Current pdf September 27, 2022
• Enrolled 09/02/22 - Enrolled pdf September 02, 2022
• Amended 08/24/22 - Amended Senate pdf August 24, 2022
• Amended 08/01/22 - Amended Senate pdf August 01, 2022
• Amended 05/12/22 - Amended Assembly pdf May 12, 2022
• Amended 04/06/22 - Amended Assembly pdf April 06, 2022
• Amended 03/24/22 - Amended Assembly pdf March 24, 2022
• Introduced 02/14/22 - Introduced pdf February 14, 2022
• AB2091 View text html

Action History

1. September 27, 2022

   Chaptered by Secretary of State - Chapter 628, Statutes of 2022.

2. September 27, 2022

   Approved by the Governor.

3. September 13, 2022

   Enrolled and presented to the Governor at 4 p.m.

4. August 31, 2022

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 15.).

5. August 31, 2022

   Assembly Rule 63 suspended.

6. August 31, 2022

   In Assembly. Concurrence in Senate amendments pending.

7. August 31, 2022

   Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 30. Noes 9. Page 5386.).

8. August 25, 2022

   Read second time. Ordered to third reading.

9. August 24, 2022

   Read third time and amended. Ordered to second reading.

10. August 09, 2022

    Read second time. Ordered to third reading.

11. August 08, 2022

    From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

12. August 01, 2022

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

13. July 27, 2022

    In committee: Hearing postponed by committee.

14. June 30, 2022

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (June 29). Re-referred to Com. on APPR.

15. June 15, 2022

    From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 9. Noes 2.) (June 14). Re-referred to Com. on HEALTH.

16. June 08, 2022

    Referred to Coms. on JUD. and HEALTH.

17. May 27, 2022

    In Senate. Read first time. To Com. on RLS. for assignment.

18. May 26, 2022

    Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 54. Noes 16.).

19. May 12, 2022

    Read third time and amended. Ordered to third reading. (Ayes 50. Noes 14. Page 4651.)

20. May 12, 2022

    Read second time. Ordered to third reading.

21. May 11, 2022

    From committee: Do pass. (Ayes 12. Noes 4.) (May 11).

22. May 04, 2022

    Coauthors revised.

23. April 27, 2022

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 3.) (April 26). Re-referred to Com. on APPR.

24. April 07, 2022

    Re-referred to Com. on HEALTH.

25. April 06, 2022

    Read second time and amended.

26. April 05, 2022

    From committee: Amend, and do pass as amended and re-refer to Com. on HEALTH. (Ayes 7. Noes 2.) (April 5).

27. March 28, 2022

    Re-referred to Com. on JUD.

28. March 24, 2022

    From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

29. March 24, 2022

    Referred to Coms. on JUD. and HEALTH.

30. February 15, 2022

    From printer. May be heard in committee March 17.

31. February 14, 2022

    Read first time. To print.

Sponsors

• Marc Berman · Cosponsor
• Tasha Boerner · Cosponsor
• Mia Bonta · Primary
• Cecilia M. Aguiar-Curry · Cosponsor
• Rebecca Bauer-Kahan · Cosponsor
• Steve Bennett · Cosponsor
• Mike A. Gipson · Cosponsor
• Jones-Sawyer · Cosponsor
• Ash Kalra · Cosponsor
• Mullin · Cosponsor
• Sharon Quirk-Silva · Cosponsor
• Anna M. Caballero · Cosponsor
• Monique Limón · Cosponsor
• Skinner · Cosponsor
• Scott D. Wiener · Cosponsor
• Matt Haney · Cosponsor
• Juan Carrillo · Cosponsor
• Jeff Gonzalez · Cosponsor
• Robert Garcia · Cosponsor

Votes

Subjects