Interference With Access To Health Care - Relief - Civil Law - CA

Section § 3427

This law section outlines definitions relevant to situations where access to a healthcare facility is blocked or its operations are disrupted. It defines an 'aggrieved' person as anyone directly affected by such a blockade, including patients, facility employees, and the facility owners. A 'commercial blockade' refers to intentional actions that obstruct or impede access to healthcare services. It also clarifies what it means to 'disrupt' a facility's operations, which is making it unable to provide services, and specifies that this does not apply to actions taken by the facility owner or government officers for public health. Lastly, it defines 'health care facility' broadly to include hospitals, clinics, nursing homes, and similar places that provide patient care.

As used in this title:

(a) “Aggrieved” means and refers to any of the following persons or entities:

(1) A person physically present at a health care facility when a commercial blockade occurs whose access is obstructed or impeded.

(2) A person physically present at a health care facility when a commercial blockade occurs whose health care is disrupted.

(3) A health care facility where a commercial blockade occurs, its employees, contractors, or volunteers.

(4) The owner of a health care facility where a commercial blockade occurs or of the building or property upon which the health care facility is located.

(b) “Commercial blockade” means acts constituting the tort of commercial blockade, as defined in Section 3427.1.

(c) “Disrupting the normal functioning of a health care facility” means intentionally rendering or attempting to render a health care facility temporarily or permanently unavailable or unusable by a licensed health practitioner, the facility’s staff, or patients. “Disrupting the normal functioning of a health care facility” does not include acts of the owner of the facility, an agent acting on behalf of the owner, or officers or employees of a governmental entity acting to protect the public health or safety.

(d) “Health care facility” means a facility that provides health care services directly to patients, including, but not limited to, a hospital, clinic, licensed health practitioner’s office, health maintenance organization, diagnostic or treatment center, neuropsychiatric or mental health facility, hospice, or nursing home.

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Section § 3427.1

This law says it's illegal for someone to intentionally block another person's way in or out of a healthcare facility. This could be done by physically getting in the way or by disrupting how the facility operates.

It is unlawful, and constitutes the tort of commercial blockade for a person, alone or in concert with others, to intentionally prevent an individual from entering or exiting a health care facility by physically obstructing the individual’s passage or by disrupting the normal functioning of a health care facility.

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Section § 3427.2

If someone or a health care facility is harmed by actions that are forbidden under this law, they can file a lawsuit to get financial compensation from the person who did the bad act and anyone who helped them.

A person or health care facility aggrieved by the actions prohibited by this title may seek civil damages from those who committed the prohibited acts and those acting in concert with them.

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Section § 3427.3

This law ensures that during civil cases involving health care parties or witnesses, the court must use all reasonable measures to protect their privacy and prevent harassment. This can include issuing protective orders. People involved, like patients and health care workers, can also use fake names (pseudonyms) to keep their identities private.

The court having jurisdiction over a civil proceeding under this title shall take all steps reasonably necessary to safeguard the individual privacy and prevent harassment of a health care patient, licensed health practitioner, or employee, client, or customer of a health care facility who is a party or witness in the proceeding, including granting protective orders. Health care patients, licensed health practitioners, and employees, clients, and customers of the health care facility may use pseudonyms to protect their privacy.

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Section § 3427.4

This section makes sure that nothing in this set of laws interferes with activities that are protected by the constitution or existing labor laws, whether they are from California or the United States.

This title shall not be construed to impair any constitutionally protected activity or any activities protected by the labor laws of this state or the United States of America.

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