California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 1 - Procedures of the Civil Rights Department › Subchapter 2 - Housing Discrimination Complaints › Section 10050 - Medical Information - Special Considerations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever a complaint includes allegations
				  that require the department to obtain and analyze medical information, such as
				  complaints alleging physical or mental disability discrimination or denial of
				  reasonable accommodation, the complainant shall authorize the department in
				  writing to request and obtain copies of all directly relevant medical records
				  or information reasonably necessary to evaluate and prosecute the
				  complaint.
(b) During the
				  enforcement division's investigation, all medical records the department
				  obtains during the investigation shall be maintained in a section of the case
				  file clearly marked "Medical Records" or otherwise designated as
				  "Confidential."
(c) If a civil
				  action is filed, all directly relevant medical records or information
				  reasonably necessary to prosecute the civil complaint, if any, may be disclosed
				  by the department when disclosure is necessary to further prosecution and/or
				  settlement of the claim.
(d) No
				  medical records or information shall be disclosed by the department in response
				  to a request for public records made pursuant to the California Public Records
				  Act. (Gov. Code, §
										6254(c).)
(e) No medical records or information shall
				  be disclosed by the department in response to a third-party subpoena unless a
				  Notice to Consumer/Employee has been served on the complainant and there has
				  been no objection communicated to the department by the complainant or the
				  complainant's attorney. (Code. Civ. Proc., §§
										1985.3,
				  1985.6, and
				  2020.410.)
(f) The department shall abide by
				  complainant's attorney's requests to protect the privacy of complainant's
				  medical information. However, if the department is unable to obtain the medical
				  information and records it needs to investigate and/or prosecute a
				  complainant's allegations, the department may discontinue the investigation and
				  close the complaint.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
2. Amendment of subsection (c) filed 10-27-2014 as an
					 emergency; operative 10-27-2014 (Register 2014, No. 44). A Certificate of
					 Compliance must be transmitted to OAL by 4-27-2015 or emergency language will
					 be repealed by operation of law on the following day.
3. Certificate
					 of Compliance as to 10-27-2014 order transmitted to OAL 4-20-2015 and filed
					 6-2-2015 (Register 2015, No. 23).
4. Amendment of subsection (b)
					 filed 8-31-2017; operative 10-1-2017 (Register 2017, No.
					 35).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Board of Trustees v. Superior Court (1981) 119
						Cal.App.3d 516 [174 Cal.Rptr. 160] [discovery of private information requires
						direct relevance to claim]; Sections
						1985.3,
						1985.6
						and
						2020.410,
						Code of Civil Procedure; and Sections
						6253,
						6254(c),
						12927(c)(1),
						12930(f)(1),
						12955,
						12980(a)
						and
						12980(c),
						Government Code.