AB 1930: Abortion or gender-affirming health care services: subpoenas, discovery requests, or other requests for information.

Existing law provides that reproductive health care services, gender-affirming health care services, and gender-affirming mental health care services are rights secured by the Constitution and laws of California, and interference with these rights, whether or not under the color of law, is against the public policy of California. Existing law defines gender-affirming health care services to mean medically necessary health care that respects the gender identity of the patient, as experienced and defined by the patient, as specified.

Existing law provides for various protective measures for persons engaging in legally protected health care activity, including prohibiting a provider of health care, health care service plan, health insurer, or contractor from releasing medical information related to, among other things, an individual seeking or obtaining gender-affirming health care or gender-affirming mental health care, and prohibiting a state or local public agency, or any employee thereof acting in their official capacity, from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a legally protected health care activity that is lawful in this state and performed in this state. Existing law defines legally protected health care activity for those purposes to include, among other things, the exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to the health care services described above and the provision of those health care services by a person duly licensed under the laws of California.

This bill would prohibit require a person or entity that is located, headquartered, incorporated, or otherwise conducting business in California and receives, is served with, or is subject to a subpoena, discovery request, or other request for information that is part of a legal process related to a civil, criminal, or regulatory investigation, subpoena, or summons for information regulatory, or legislative investigation regarding abortion, as defined, or gender-affirming health care services that are legally protected health care activities secured by the Constitution or laws of California from complying with or providing information in response to the investigation, subpoena, or summons unless ordered by a court of competent jurisdiction or specified conditions are met, to provide specified notice to the Attorney General at least 7 business days prior to producing records in response to the request unless a shorter response time is required by federal law or other federal obligation, as specified. If a shorter response time is required by federal law or other federal obligation, the bill would require the responding person or entity to provide notice to the Attorney General no later than contemporaneously with producing the responsive records. The bill would exempt a person or entity from the notice requirement if the subpoena, discovery request, or other request for information meets certain requirements, including that the investigation, subpoena, or summons contains or it is accompanied by an affidavit under penalty of perjury attesting certain information, attestation verifying that the use or disclosure of the requested information meets certain requirements, including that the investigation, subpoena, or summons requested information is related to an investigation or proceeding regarding activity that is unlawful under California civil or criminal law, and it identifies the California law under which the activity is unlawful, except as specified. unlawful.

The bill would authorize the Attorney General to intervene in any civil action instituted by a person or entity to protect against compliance with or providing information in response to the investigation, subpoena, or summons. discovery request, or other request for information. The bill would authorize the Attorney General to commence certain actions, including a civil action against any person or entity that submits attaches a false affidavit attestation described above, and would make the submission attachment of a false affidavit attestation by a person or entity punishable by a civil penalty of $15,000, as specified. The bill would require any action brought by the Attorney General to be commenced within 6 years of the date on which the Attorney General received the notice of the investigation, subpoena, or summons discovery request, or other request for information at issue, and would require the court to award court costs and attorneys fees to the Attorney General in any civil action in which the court imposes any penalty authorized by the bills provisions.