Protect Caregiver Privacy

Protecting_Caregiver_Privacy_(2)

California: AB 2455 Goes Into Effect July 1, 2019 

On July 1, 2019, AB 2455 will become law. This act will create a public registry of caregiver information.

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. DSS has provided preliminary guidance on that opt-out process, and all additional guidance on AB 2455 will be published by DSS here

A draft timeline for AB 2455 Adoption
HCAOA has been communicating 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.