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

The law gives the Attorney General time to review and potentially challenge requests tied to care that California protects. It also creates penalties for false assurances that requested records will not be used to target lawful care.

What the law does ​

• Requires California-based businesses and entities to send the Attorney General a copy of covered subpoenas, discovery demands, or other legal information requests at least seven business days before producing records.
• Requires notice at the time records are produced when federal law or another federal obligation requires a faster response.
• Bars production during the seven-business-day notice period unless a federal obligation requires a shorter timeline.
• Exempts California court orders, requests from California state or local agencies, requests involving only incidental care information, and requests with an attestation that identifies a California-law basis for the investigation or professional discipline or promises the information will not be used to impose liability for lawful care.
• Allows the Attorney General to notify the person connected to the care, intervene in a lawsuit resisting disclosure, and enforce the law.
• Authorizes civil penalties of $15,000 for a false attestation and up to $10,000 for a first intentional, knowing, willing, or reckless violation and up to $15,000 for each later violation.

Who it affects ​

• California-based health care providers, insurers, health plans, clinics, businesses, and other entities holding relevant records.
• People who sought, received, provided, or helped facilitate abortion or gender-affirming health care protected under California law.
• Out-of-state and other parties seeking records through legal process related to investigations of that care.

Context ​

Protected care includes lawful California reproductive, gender-affirming, and gender-affirming mental health services, including care provided by a California-licensed provider regardless of the patient’s location.