The Weekly Articles

Senate Bill (SB) 24 or “Calley’s Law” was signed into law on July 23, 2021, adding to the California Domestic Violence Protection Act (Family Code Section 6200 et. seq.), which establishes the requirements for the issuance of a protective (or restraining) order where the petitioner presents reasonable proof of a past act or acts of abuse to the court.

After seventeen years representing the County of Santa Clara and its public healthcare system, and after sending her daughter off to college at USC and becoming an “empty nester,” Theresa Fuentes decided it was time for a new challenge.  She has found it in a new role as the Chief Legal Officer for El Camino Health.   El Camino Health has served Santa Clara County for more than 60 years through its two not-for-profit acute care hospitals in Los Gatos and Mountain View, and its primary care, multi-specialty care, and urgent care locations across the region.  As Chief Legal Officer, Theresa will be responsible for all legal matters associated with El Camino Health and the El Camino Healthcare District.  She can now be reached at Theresa_Fuentes@elcaminohealth.org

When asked “What’s the most valuable part for you of being a CSHA Member?” Theresa said: “The wonderful people and connections I make there.”

CSHA Member Jalena Bingham promoted to Senior Vice President and Deputy General Counsel for Kaiser Foundation Health Plan and Hospitals.   Jalena reports to Chief Legal Officer Vanessa M. Benavides, and helps to oversee the Department, which includes about 175 attorneys and staff.  She is enjoying the chance to make a larger impact in her new role and to help support her colleagues and business partners.

Asked “What’s the most valuable part for you of being a CSHA Member?” Jalena said the opportunity to share learnings and collaborate with the health law community, and to partner with a group of talented, fun and supportive peers.  

Governor Gavin Newsom recently signed into law SB 770, a bill introduced by Senator Scott Wiener that sets deliverables and deadlines for the development of a unified healthcare finance system for California through robust stakeholder engagement. SB 770 contemplates using a federal waiver to implement this financing model and deliver a comprehensive array of healthcare services.

CSHA Board Member Puja Shah has taken on a new role with CenCal Health – as the first ever Director of Audits and Monitoring in CenCal’s Compliance Department. She looks forward to building a team that will be responsible for internal audits and responding to external ones.

The Medical Board of California (“MBC”) has issued for notice and comment its long-awaited proposed rulemaking establishing a Physician and Surgeon Health and Wellness Program (“PHWP”). The proposed rulemaking would establish a PHWP that is substantially different from the prior diversion program and would provide less confidentiality to program participants.

On September 30, 2023, Governor Gavin Newsom signed SB 815 which, among other things, repeals Business and Professions Code section 2270, the COVID misinformation law.  Although the repeal is not effective until January 1, 2024, it is not expected that the Medical Board will take any steps to enforce the law in the interim.

Jordan Keville recently started a new position as Deputy County Counsel for the County of Santa Clara working on the Hospitals and Health Systems Team.

California signs into law bills designed to protect reproductive information– AB 254, Confidentiality of Medical Information Act: reproductive or sexual health application information and AB 352, Health Information. In authoring both bills, Assemblymember Bauer-Kahan (D-Orinda), cited concerns around reproductive privacy including the criminalization of abortions by other states. The bills impact the use of electronic health record and medical record systems, changing the way certain medical information is stored and protected. These changes have the potential for broad impact to hospitals, providers, and the healthcare industry as a whole.

At the HCAI Health Care Affordability Advisory Committee meeting on September 18, 2023, HCAI updated the timetable for final OHCA regulations for regulatory review of certain health care entity transactions as discussed in last week’s “Watching” section.