Provider Alerts

OPL 22-010 (Office of Planning Licensing); guidance regarding Assembly Bill (AB) 1184 – confidentiality of medical information, from the Department of Managed Health Care (DMHC) instructs Health Plan of San Joaquin (HPSJ) to send out a reminder to our providers regarding guidance from Assembly Bill (AB) 1184; amends the Confidentiality of Medical Information Act to required plans to take specified steps to protect the confidentiality of a subscriber’s or enrollee’s medical information. Below, we have provided a summary, however for full details of OPL 22-10 please visit https://www.dmhc.ca.gov/Portals/0/Docs/OPL/APL%2022-010%20(OPL)%20Guidance%20Regarding%20AB%201184%20(3_17_22).pdf?ver=PAFlQhESwxbUl9bpeIdAVA%3d%3d.

Provider Summary:

Providers should recognize the right of a protected individual to exclusively exercise rights granted under Civil Code section 56.107, effective July 1, 2022, regarding medical information related to “sensitive services” such as services provided relative to pregnancy, pregnancy-testing, counseling, mental health, behavioral health, sexual assault, substance abuse, alcohol abuse, family planning, HIV, AIDS, sexually transmitted diseases, and abortion, that the protected individual has received.

Providers should direct communications regarding a protected individual’s receipt of sensitive services directly to the protected individual receiving care as follows:

• (a) Directly to the protected individual’s designated alternative mailing address, email address, or telephone number.

OR

• (b) In the absence of an alternative designated mailing address, email address, or telephone number: to the address or telephone number on file in the name of the protected individual. Further, all such communications shall include written, verbal, or electronic communications related to the receipt of sensitive services.

Any confidential request made by an HPSJ member should be valid until the subscriber or enrollee submits a revocation of request or a new confidential communication request is submitted. Further, the confidential communication request applies to all communications that disclose medical information or provider name and address related to the receipt of medical services by the individual requesting the confidential communication.

Providers should abide by a means of directing all electronic communications, including online portal communications, regarding a protected individual’s receipt of sensitive services as required by Civil Code section 56.107, subdivisions (a)(3)(A), (B) and (C)(vii).

Should you have any further questions, please contact our Customer Services Department at (209) 942‐6320. You may also visit https://www.hpsj.com/alerts/ for online access to the documents shared. The most recent information about Health Plan of San Joaquin and our services is always available on our website https://www.hpsj.com/