[UCRDBR] Alerts for Confidential Communication Requests and Student Health Confidential Communications

[Departmental Benefits Representatives]

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March 6, 2023

To:
Department Benefits Representatives
From:
Central HR Benefits Office on behalf of the UC Office of the President
Re:
Alerts for Confidential Communication Requests and Student Health Confidential Communications

________________________________________________________________________________________


This notification is sent on behalf of UC Legal regarding issuance of updated alerts relating to participant confidential communication requests.

Background:  California law allows enrollees and insureds, including students, to make a request for confidentiality to their health care service plan or health insurer, which would prohibit the plan/insurer from providing certain communications to the subscriber or policy holder, which in the student context, could be the student's parent or guardian. The rights for individuals in California to make such requests expanded under the passage of legislation (AB 1184), effective July 2022. Another bill (AB 2091), effective January 2023, made the same updates to these rights. The updated Alerts reflect the amended law, and remove references to the older version of the law, but make no other substantive changes.

The Alert entitled Confidential Communication Requests and UC Health Plans<https://hr.ucr.edu/sites/default/files/2023-03/confidential-communications-and-uc-insurance-programs-february-2023.pdf> is intended to raise UC health plan awareness about this pathway. Though these laws explicitly apply only to health plans regulated by the California Department of Managed Health Care and the California Department of Insurance, the constitutional right to privacy, other state laws applicable to UC, and UC's mission itself provide support for UC's self-funded health plans to comply.

The Alert entitled Student Health Confidential Communications<https://hr.ucr.edu/sites/default/files/2023-03/student_health_confidential_communications_alert_-_february_2023.pdf> is intended to raise provider and clinical staff awareness, in particular for those students utilizing medication abortion, mental health, and other sensitive services from UC Student Health Services/Counseling and Psychological Services (SHS/CAPS).

These guidelines apply to members of UC's employee benefit plans, as well as the UC student health insurance plans.

Note that the Alerts are attorney-client privileged and should be treated accordingly.
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