Protect Caregiver Privacy

Governor Brown Signs AB 2455 Into Law

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Despite our best efforts, we regret to report that CA Governor Jerry Brown signed AB 2455 into law over the weekend. There was no special announcement coinciding with the bill signing.  It was part of a larger announcement regarding bill signings and vetoes. I want to acknowledge and thank all of our  HCAOA members and their caregivers for your assistance in our efforts to urge Governor Brown to veto the bill.

 

Next Steps and Options

 

The bill is set to take effect July 1, 2019. Leading up to that date the California Department of Social Services (DSS) will be required to adopt regulations and/or administrative procedures to implement the bill, including updating the registration process to include a notice that home care aide (HCA) information may be disclosed, that the HCA has a right to opt-out and will include instructions on the opt-out process. DSS will have to build the architecture to manage the opt-outs and the processes for disclosing the names/cell numbers, etc. of HCAs who do not opt out.  

HCAOA will have the opportunity to intervene with DSS during the development of these regulations/procedures while reserving the right to be a party to litigation that challenges the constitutional authority of California to implement such a statute.  

 

In that regard, please see the legal analysis letter that we commissioned Littler Law firm to send (dated September 7, 2018) to Governor Brown on our behalf as he was considering his decision whether to sign the bill. The letter concluded with Littler's legal opinion that should AB 2455 become law, it would be subject to a possible legal challenge on three separate constitutional grounds: invasion of privacy, denial of equal protection, and violation of the Supremacy Clause. As a result, we are considering our options for a possible legal challenge to the legislation on constitutional grounds. Furthermore, we are planning to develop a Q&A guidance document on AB 2455 that will be available to members and their caregivers as a resource going forward and will update accordingly as DSS structures a regulatory framework from the legislation.

 

Please contact info@hcaoa.org if you have any comments or questions