§ 7926.215. — 7926.215. (Added by Stats. 2021, Ch. 614, Sec. 2.)

California § 7926.215.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 10.
• Title 1.: DIVISION 10. ACCESS TO PUBLIC RECORDS
• Part 5.: PART 5. SPECIFIC TYPES OF PUBLIC RECORDS
• Ch. 5.: CHAPTER 5. Health Care
• Art. 3.: ARTICLE 3. Contracts and Negotiations

Text

(a)
Except as provided in Sections 7924.510, 7924.700, and the provisions listed in Section 7920.505, this division does not require disclosure of records of the Department of Corrections and Rehabilitation that relate to health care services contract negotiations, and that reveal the deliberative processes, discussions, communications, or any other portion of the negotiations, including, but not limited to, records related to those negotiations, such as meeting minutes, research, work product, theories, or strategy of the department, or its staff, or members of the California Medical Assistance Commission, or its staff, who act in consultation with, or on behalf of, the department.
(b)
(1)
Except for the portion
that contains the rates of payment, a contract for health services entered into by the Department of Corrections and Rehabilitation or the California Medical Assistance Commission on or after July 1, 1993, shall be open to inspection one year after it is fully executed.
(2)
If a contract for health services was entered into before July 1, 1993, and amended on or after July 1, 1993, the amendment, except for any portion containing rates of payment, shall be open to inspection one year after it is fully executed.
(c)
Three years after a contract or amendment is open to inspection under this section, the portion of the contract or amendment containing the rates of payment shall be open to inspection.
(d)
(1)
Notwithstanding any other provision of law, including, but not limited to, Section 1060 of
the Evidence Code, the entire contract or amendment shall be open to inspection by the California State Auditor’s Office, the Joint Legislative Audit Committee, and the Legislative Analyst’s Office.
(2)
The California State Auditor’s Office, the Joint Legislative Audit Committee, and the Legislative Analyst’s Office shall maintain the confidentiality of each contract or amendment until the contract or amendment is fully open to inspection by the public.
(e)
It is the intent of the Legislature that the confidentiality of health care provider contracts, and of the contracting process as provided in this section, shall protect the competitive nature of the negotiation process, and shall not affect public access to other information relating to the delivery of health care services.

Legislative History

Added by Stats. 2021, Ch. 614, Sec. 2. (AB 473) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 7931.000.