Effective July 1, 2026, AB 894 requires a GACH to inform a patient, or the patient's representative who has legal authority to make medical care decisions on the patient's behalf, that the patient may restrict or prohibit the use or disclosure of PHI in the hospital's patient directory (as provided by federal law). The GACH must do so at the time of the patient's admission to the hospital, or as soon as reasonably possible if the patient is incapacitated or receiving emergency treatment.
The GACH must provide this information both verbally and using a separate paper or digital document. The paper or digital document must only include an acknowledgement of receipt of the GACH's notice of privacy practices (as required by federal law), information about the GACH's directory and the included PHI, and a check box for the patient or the patient's representative to mark to restrict or prohibit use or disclosure of PHI in the directory. The GACH must also provide this information or make it available in the top five languages other than English in the hospital's service area.
The information in this AFL is a brief summary of the provisions of AB 894. Facilities are responsible for following all applicable laws. CDPH's failure to expressly notify facilities of statutory or regulatory requirements does not relieve facilities of their responsibility for following all laws and regulations. Facilities should refer to the full text of all applicable sections of HSC and the California Code of Regulations to ensure compliance.
If you have any questions about this AFL, please contact your local district office.
Sincerely,
Original signed by Mandi Posner
Mandi Posner
Deputy Director