Patient Access And Protection - - CA Health And Safety

Section § 24250

Health care providers in California should have procedures to monitor and manage visitors, and they're encouraged to post notices at entrances. If someone requests access to the facility or to patient information for immigration enforcement, staff must contact their management or legal team immediately. This also applies if there is a request to access facility documents, such as through a subpoena or warrant.

(a) A health care provider entity shall, to the extent possible, establish or amend procedures for monitoring, documenting, and receiving visitors to health care provider entities consistent with this chapter. Health care provider entities are encouraged to post a “notice to authorities” at facility entrances.

(b)

(1) Health care provider entity personnel shall immediately notify health care provider entity management, administration, or legal counsel of any request for access to a health care provider entity site or patient for immigration enforcement.

(2) Health care provider entity personnel shall immediately provide any requests for review of health care provider entity documents, including through a lawfully issued subpoena, warrant, or court order, to health care provider entity management, administration, or legal counsel.

(3) If a request is made to access a health care provider entity site or patient, including to obtain information about a patient or their family, for immigration enforcement, health care provider entity personnel shall direct that request to the designated health care provider entity management, administrator, or legal counsel.

health care provider visitor monitoring immigration enforcement access request patient information facility documents subpoena warrant legal counsel notification notice to authorities administration procedures document review

(Added by Stats. 2025, Ch. 123, Sec. 3. (SB 81) Effective September 20, 2025.)

Section § 24251

This law is about keeping certain areas in health care facilities private to ensure patient privacy and safety. Health care providers need to label or secure areas where patients are treated or discuss their health information, keeping them nonpublic.

These areas are off-limits for immigration enforcement unless there's a specific court order or warrant. If access is denied, it should be documented and witnessed by staff.

Health care providers must train their staff and volunteers on how to handle requests for access related to immigration enforcement.

(a) To enhance privacy available to facility users and promote a safe environment conducive to the facility’s mission and patient care, a health care provider entity shall designate areas where patients are receiving treatment or care, or where a patient is discussing protected health information, as nonpublic. The facility is encouraged to designate these areas through mapping, signage, key entry, policy, or a combination of those.

(b) Unless required by state or federal law, a health care provider entity and its personnel shall not allow any person access to the nonpublic areas of the facility, as described in subdivision (a), for immigration enforcement purposes, unless that person has a valid judicial warrant or court order that specifically grants access to the nonpublic areas of the facility.

(c) A health care provider entity and its personnel shall, to the extent possible, have the denial of permission for access to nonpublic areas of the facility pursuant to subdivision (b) witnessed and documented by at least one health care provider entity personnel.

(d) Health care provider entities shall inform staff and relevant volunteers on how to respond to requests relating to immigration enforcement that grants access to health care provider entity sites or to patients.

patient privacy safe environment nonpublic areas health information immigration enforcement judicial warrant court order access denial documentation staff training volunteer procedures secured areas signage key entry facility mapping

(Added by Stats. 2025, Ch. 123, Sec. 3. (SB 81) Effective September 20, 2025.)

Section § 24252

This law outlines what entities are considered "health care provider entities" for its purposes. It includes public hospitals, which are licensed to various governmental bodies or subdivisions, and nonpublic hospitals, which are licensed general acute care hospitals not fitting the public hospital definition. Clinics, which can be licensed or exempt under specific sections, are also included. Additionally, the definition encompasses physician organizations and providers as defined in another section, integrated health care delivery systems, and other providers offering services related to physical or mental health, wellness, education, or access to justice.

For purposes of this chapter, “health care provider entity” includes all of the following:

(a)

(1) Public hospitals, which means a hospital that is licensed to a county, a city, a city and county, the State of California, the University of California, a local health care district, a local health authority, or any other political subdivision of the state.

(2) Nonpublic hospitals, which means a hospital that meets both of the following conditions:

(A) The hospital does not meet the definition of a public hospital, as defined in paragraph (1).

(B) The hospital is licensed as a general acute care hospital, as defined in Section 1250, pursuant to Chapter 2 (commencing with Section 1250) of Division 2.

(b) Clinics, as defined in Section 1200 and 1200.1, a clinic licensed pursuant to Section 1204, and a clinic exempt from licensure pursuant to subdivisions (b) and (h) of Section 1206.

(d) Providers, as defined in subdivision (q) of Section 127500.2.

(e) Integrated health care delivery systems, as defined in Section 1182.14 of the Labor Code.

(f) Other heath care providers that deliver or furnish services related to physical or mental health and wellness, education, or access to justice.

health care provider entity public hospitals nonpublic hospitals general acute care hospital clinics physician organization integrated health care delivery systems health and wellness services mental health services education services access to justice physical health services local health care district local health authority University of California health system

(Added by Stats. 2025, Ch. 123, Sec. 3. (SB 81) Effective September 20, 2025.)

Section § 24253

This section defines "immigration enforcement" as any kind of investigation or support regarding federal immigration laws. It specifically covers both civil and criminal laws concerning someone's presence, entry, return, or employment in the U.S.

For purposes of this chapter, “immigration enforcement” means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States.

immigration enforcement federal immigration law civil immigration law criminal immigration law investigation assistance entry into the U.S. reentry into the U.S. employment in the U.S. federal law compliance immigration investigation efforts presence in the U.S.

(Added by Stats. 2025, Ch. 123, Sec. 3. (SB 81) Effective September 20, 2025.)

Section § 24254

This law allows a person in lawful custody to go with someone for healthcare services. It also lets someone enter nonpublic areas of a hospital to receive care, whether for themselves or someone they are responsible for, without any legal restrictions.

This section does not prohibit a person who is in lawful custody from being accompanied to access health care services and for their transportation and arrangement to health care provider entities, and does not prohibit any person from entering nonpublic areas of a hospital to receive care for themselves or someone in their care or custody.

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(Added by Stats. 2025, Ch. 123, Sec. 3. (SB 81) Effective September 20, 2025.)

Section § 24255

This law applies to health care providers that get public funding, meaning they must follow specific rules laid out in this chapter. Even if providers don't receive public funding, they are still encouraged to follow these rules voluntarily.

This chapter shall apply to all health care provider entities that receive public funding. All other health care provider entities that are not subject to this chapter are encouraged to adopt the requirements specified in this chapter.

health care provider public funding rules adoption funded entities compliance voluntary guidelines publicly funded health care guidance adoption provider compliance health care regulations regulated entities encouragement for compliance health care entity provider requirements public funding compliance

(Added by Stats. 2025, Ch. 123, Sec. 3. (SB 81) Effective September 20, 2025.)

Section § 24256

This law section requires healthcare provider organizations to meet certain requirements within 45 days of the law taking effect.

Health care provider entities shall have 45 days from the effective date of this chapter to comply with the requirements contained herein.

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(Added by Stats. 2025, Ch. 123, Sec. 3. (SB 81) Effective September 20, 2025.)

Section § 24257

This law states that if any part of the chapter is found to be invalid or unenforceable, the rest of the chapter remains effective and enforceable. It means the law is designed so that even if one section doesn't work, the rest can still be applied.

The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

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(Added by Stats. 2025, Ch. 123, Sec. 3. (SB 81) Effective September 20, 2025.)