California Governor Gavin Newsom
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California’s New Reproductive Privacy Laws Create Information-Sharing Complexities

California Governor Gavin Newsom recently signed Assembly Bill 352 and Assembly Bill 254 into law, effective January 1, 2024. Through these new laws, California seeks to mitigate the risk of out-of-state prosecution of individuals seeking abortions or gender-affirming care. These bills include significant changes to California privacy and health information interoperability laws that will impact healthcare providers, health plans, employers, electronic health record developers and certain digital health companies handling medical information related to gender-affirming care, abortion, and abortion-related services, sexual health, fertility or contraception.

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California Expands Paid Sick Leave to Five Days Per Year

On October 4, 2023, California Governor Gavin Newsom signed Senate Bill 616 into law, officially expanding the Healthy Workplaces, Healthy Families Act of 2014, California’s paid sick leave law. Effective January 1, 2024, California employers must begin providing eligible employees with at least five days or 40 hours of paid sick leave, increased from the previous minimum of three days or 24 hours. Employers with combined paid time off policies should review and update their policies as needed.

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New California Law Requires Open Payments Notice to Patients

On September 29, 2022, California Governor Gavin Newsom signed Assembly Bill 1278, which requires physicians and their employers to provide patients with notices about the Open Payments database starting January 1, 2023.

The federal Open Payments program is designed to promote transparency by requiring applicable manufacturers of drugs, devices, and biological or medical supplies to annually report to the Centers for Medicare & Medicaid Services certain payments and other transfers of value made to physicians, certain advanced practice providers (e.g., nurse practitioners) and teaching hospitals. Currently, pharmaceutical companies in California must disclose their compliance program, including information related to the annual dollar limits on gifts, promotional materials or incentives provided to medical or health professionals (California Health & Safety Code § 119402). The enactment of this new legislation will impose new disclosure requirements specifically onto physicians and their employers regarding physicians’ financial relationships with pharmaceutical and medical device manufacturers.

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California Governor Signs Landmark Legislation That Gives Bargaining Power to Nonunionized Fast-Food Workers

On September 5, 2022, California Governor Gavin Newsom signed landmark legislation aimed at further regulating the working conditions and wages of California’s fast- food workers. This bill has immediate impact on certain employers and franchisors doing business in the Golden State.

Assembly Bill (AB) 257, also known as the Fast Food Accountability and Standards Recovery Act or the FAST Recovery Act, authorizes the creation of a Fast Food Council (Council) that will be tasked with establishing minimum standards with respect to the minimum wage, maximum hours of work, the standard conditions of labor and other working conditions for fast-food workers throughout California.

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California to Renew COVID-19 Supplemental Paid Sick Leave for 2022

On January 25, 2022, California Governor Gavin Newsom announced that his office and state lawmakers had reached an agreement to reimplement a version of California’s COVID-19 Supplemental Paid Sick Leave through September 30, 2022. It is expected that the state legislature will move quickly to finalize and vote on legislation to effectuate this statewide paid leave obligation.

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