SB 915

SB915:v95#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill

No. 915

An act to add Chapter 2.1 (commencing with Section 24258) to Division 20 of the Health and Safety Code, relating to health and care facilities.

LEGISLATIVE COUNSEL'S DIGEST

SB 915, as amended, Menjivar. Health care provider entities: patients accompanied by immigration enforcement officers.

Under existing law, the State Department of Public Health is responsible for the licensing and regulation of various facilities and settings that provide health care services, as specified. Existing law, the Confidentiality of Medical Information Act prohibits, except to the extent expressly authorized by a patient, enrollee, or subscriber, or as otherwise permitted or required, a provider of health care, health care service plan, contractor, or corporation and its subsidiaries and affiliates from disclosing medical information for immigration enforcement. Existing law requires health care provider entities, as defined, to establish or amend procedures for monitoring, documenting, and receiving visitors to health care provider entities to the extent possible, and prohibits, unless required by state or federal law, a health care provider entity and its personnel from allowing any person access to nonpublic areas of the provider’s facilities for immigration enforcement purposes, except as specified.

This bill would, among other things, require a health care provider entity to, when there is a patient accompanied by an immigration enforcement officer, verify and document the identities and agencies of the accompanying immigration enforcement officers, to the extent possible. The bill would require a health care provider entity to ask an immigration enforcement officer to step out of the patient’s room when discussing any matters pertaining to patient care, or performing any physical examination, or providing any medical care, except as specified, would prohibit an immigration enforcement officer from having any authority to make, influence, or participate in medical decisions on behalf of patient they accompany, and would require the health care provider entity personnel to report a refusal to comply with the requirements of this bill to the health care provider entity management, administration, or legal counsel, who is required to then document the actions, and, to the extent possible, the name and badge number of an immigration enforcement officer. The bill would also prohibit a health care provider entity from using blackout policies when admitting a patient who is accompanied by an immigration enforcement officer, except as specified, and defines blackout policies to mean any policy that is used by health care provider entities to conceal a patient’s presence or identity at the entity’s facility, including, but not limited to, registering patients under a pseudonym, removing the patient’s name from the health care provider entity’s directory, or prohibiting personnel from confirming that a patient is in the health care provider entity.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Chapter 2.1 (commencing with Section 24258) is added to Division 20 of the Health and Safety Code, to read:

CHAPTER 2.1. Patients Accompanied by Immigration Enforcement Officers

24258.

For purposes of this chapter, the following definitions apply:

(a) “Blackout policies” means any policy that is used by health care provider entities to conceal a patient’s presence or identity at the entity’s facility, including, but not limited to, registering patients under a pseudonym, removing the patient’s name from the health care provider entity’s directory, or prohibiting personnel from confirming that a patient is in the health care provider entity.

(b) “Health care provider entity” includes all of the individuals and entities described in Section 24252.

(c) “Immigration enforcement” has the same definition as that term is defined in Section 56.05 of the Civil Code.

(d) “Immigration enforcement officer” means any federal officer or employee conducting immigration enforcement, or any persons or entities contracted to conduct immigration enforcement.

24259.

(a) A patient who is accompanied by an immigration enforcement officer while receiving treatment or care at a health care provider entity facility shall retain all rights afforded to any other patient, as mandated by California and federal laws and regulations, including, but not limited to, those rights specified in Section 70707 of Title 22 of the California Code of Regulations and Section 482.13 of Title 42 of the Code of Federal Regulations, which include all of the following:

(1) The right to authorize the release of medical information, including discharge information, to the family, patient’s representative, assigned counsel, government officials, or anyone else to whom the patient directs.

(2) The right to have a family member, clergy, advocates, or other representative of the patient’s choosing to be notified when the patient is admitted to a health care provider entity facility and the right to designate visitors.

(3) Access to qualified medical interpreters and communication tools.

(4) The right to refuse medical care and make independent health decisions.

(b) A health care provider entity shall do both of the following when there is a patient accompanied by an immigration enforcement officer:

(1) Verify and document the identities and agencies of any accompanying immigration enforcement officers, to the extent possible.

(2) Inform the patient of the rights described in subdivision (a).

(c) A health care provider entity may do both of the following when there is a patient accompanied by an immigration enforcement officer:

(1) Provide the patient, patient’s family members, or designated persons with a list of immigrant resources, including, but not limited to, know-your-rights materials and information about pro bono legal services providers.

(2) Provide the patient access to social, educational, and spiritual support services.

(d) (1) An immigration enforcement officer shall not remain in a patient’s room or patient care area unless legally authorized, such as with a valid judicial warrant or court order, or unless there is a credible risk of harm to personnel or other patients, as determined by the health care provider entity, and this risk is documented in the patient’s medical record.

(2) If an immigration enforcement officer remains in the patient’s room or patient care area for any reason, notwithstanding paragraph (1), a health care provider entity shall ask the immigration enforcement officer to step out of the patient’s room when discussing any matters pertaining to patient care, or performing any physical examination, or providing any medical care, unless there is a credible risk of harm to personnel or other patients, as determined by the health care provider entity, and this risk is documented in the patient’s medical record.

(3) An immigration enforcement officer shall have no authority to make, influence, or participate in medical decisions on behalf of patient they accompany, including decisions regarding treatment, care, and discharge. A health care provider entity shall not defer to an immigration enforcement officer on any matter pertaining to patient treatment or care.

(4) A health care provider entity shall not utilize immigration enforcement officers to provide interpretation for patient care or consent.

(5) If an immigration enforcement officer refuses to comply with the requirements under this section, health care provider entity personnel shall report the refusal to comply to the health care provider entity management, administration, or legal counsel, who shall then document the actions, and to the extent possible, the name and badge number of the immigration enforcement officer.

(e) A health care provider entity shall be deemed to have satisfied its obligations under this section if it has complied with the requirements of this section, regardless of whether an immigration enforcement officer fails to comply with the health care provider entity’s requests or the requirements of this section.

24260.

A health care provider entity shall not use blackout policies when treating a patient who is accompanied by an immigration enforcement officer, unless requested by the patient, or unless there is a credible risk of harm to the patient or other persons, as determined by the health care provider entity, and this risk is documented in the patient’s medical record.

24261.

(a) Prior to discharging a patient, who is accompanied by an immigration enforcement officer, from a health care provider entity that is licensed as a health facility pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, a health care provider entity shall follow discharge planning requirements consistent with state and federal regulations, including coordinating the discharge plan with the facility where the patient will be transferred, if applicable. A health care provider entity shall complete discharge plan discussions with the receiving clinician, if necessary, prior to the patient’s discharge to the receiving facility.

(b) A health care provider entity shall document the receiving facility, to the extent known, and a record of any discharge planning discussions with the receiving clinician in the patient’s medical record. If a discharge planning discussion was not completed prior to the patient’s discharge, the health care provider entity shall document the attempts made to complete the discussion, including the date and time of each attempt and the reason the discussion was not completed.

(c) A health care provider entity shall provide a copy of the discharge summary and care instructions to the patient, and, upon the patient’s authorization, to the family, patient’s representative, assigned counsel, government officials, or anyone else to whom the patient directs.

(d) A health care provider entity shall not be liable for the failure to coordinate the discharge plan with the receiving facility or the failure to complete discharge planning discussions when the health care provider entity is unable to contact the receiving facility and the health care provider entity made diligent and good faith efforts to contact the facility.

24262.

(a) A health care provider entity may appoint or designate representatives from its personnel, management, administration, or legal counsel to implement the requirements of this chapter, including representatives to be responsible for interacting with immigration enforcement officers.

(b) Health care provider entity personnel shall not be subject to disciplinary or adverse employment consequences from the health care provider entity for implementing the requirements of this section.

24263. If a patient in the custody of an immigration officer has a valid judicial warrant for a violation of state or federal criminal law, the provisions of this chapter shall not prevent the patient from being subject to restrictions permitted for a patient in the criminal custody of a law enforcement agency.

24263.24264.

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.