28 CA ADC § 1007


      28 CCR s 1007

      Cal. Admin. Code tit. 28, s 1007


      CALIFORNIA CODE OF REGULATIONS
      TITLE 28. MANAGED HEALTH CARE
      DIVISION 1. THE DEPARTMENT OF MANAGED HEALTH CARE
      CHAPTER 1. DEPARTMENT ADMINISTRATION
      ARTICLE 2. ADMINISTRATION
      This database is current through 06/09/06, Register 2006, No. 23.

      s 1007. Request for Confidentiality.

      (a) The Director will withhold from public inspection, pursuant to the 
      applicable state and/or federal law, information received in connection 
      with an application (including applications for interpretive opinions) or 
      report, if in the opinion of the Director, the public inspection of such 
      information is not necessary for the purposes of the law under which the 
      information was filed, and the information is reasonably shown to meet 
      either of the following:

      (1) The information is proprietary or of a confidential business nature, 
      including but not limited to trade secrets, and has been confidentially 
      maintained by the business entity and the release of which would be 
      damaging or prejudicial to the business concern.

      (2) The information is such that the private and/or public interest is 
      served in withholding the information.

      (b) Requests for Confidential treatment. A request for confidential 
      treatment of any information received in connection with an application or 
      report submitted to the Department must be filed with the information 
      submitted. The information intended to remain confidential must be filed 
      separately from the remaining parts of the application or report and 
      marked "Confidential Treatment Requested." The person filing the 
      application or report and requesting confidential treatment must sign the 
      request. The signed request must contain the following:

      (1) A statement identifying the information that is the subject of the 
      request and the application or report relating thereto.

      (2) A statement specifying the provisions of subsection (a) pursuant to 
      which the request is made.

      (3) A statement of the grounds upon which the request is made, including 
      (if applicable) a statement as to the information's confidentiality and 
      the measures taken to protect its confidentiality, and a statement of the 
      adverse consequences that are expected to result if the information is 
      disclosed through the public records of the Department.

      (4) A statement of the specific time for which confidential treatment of 
      the information is necessary, and the basis for such conclusion.

      (5) If appropriate, a statement of the extent to which such information 
      has been, or will be, disclosed to present or proposed investors, or other 
      persons appropriate under the statute pursuant to which the information is 
      filed.

      (c) Request for Confidentiality Available for Public Inspection. Requests 
      for confidentiality will be available for public inspection. Therefore, 
      the request for confidentiality should not contain information that is 
      itself confidential.

      (d) Granting of Request. If a request for confidential treatment is 
      granted, the person making such request will be notified in writing, the 
      information will be marked "confidential" and kept separate from the 
      public file, and the application or report will be noted with the 
      following legend: "Additional portions of this filing have been granted 
      confidential treatment pursuant to Section 1007 of Title 28, Chapter 1, of 
      the California Code of Regulations. They are contained in a separate 
      confidential file."

      (e) Denial of Request. Material for which confidential treatment is 
      requested shall not be deemed filed unless the request is granted, and may 
      be withdrawn by the applicant if the request is denied, unless (1) the 
      Director has already taken an official action in reliance on such 
      information prior to receiving the request for confidential treatment; or 
      (2) the Director determines that the withdrawal of such information is 
      otherwise contrary to the public interest. If withdrawn, such information 
      will not be considered by the Director in connection with the application 
      or report.

      (f) Permissible Disclosure of Information Held Confidential. Information 
      held confidential pursuant to this section may be disclosed by the 
      Director, at any time and in the Director's sole discretion, whether on 
      the Director's own motion or upon the request of any person, under the 
      following circumstances:

      (1) To other local, state, or federal regulatory or law-enforcement 
      agencies, in accordance with the law;

      (2) When necessary or appropriate in any proceeding or investigation 
      pursuant to the law under which the information was filed;

      (3) Upon a determination by the Director that the private and/or public 
      interest in disclosing such information outweighs the public interest in 
      non-disclosure; or

      (4) Upon a determination by the Director that the justifications for the 
      confidential treatment no longer exist.

      (5) If the Director determines to disclose confidentially held information 
      pursuant to subsections (f)(1) through (f)(4), and concludes that the 
      disclosure of such information is necessary and urgent, or that it is 
      impractical under the circumstances to give notice to the person who 
      requested confidential treatment of the information, the information may 
      be disclosed without notice. Otherwise, the person who requested 
      confidential treatment of such information shall be given written and 
      actual notice through certified mail that the release of such information 
      is under consideration and the reasons therefor. Thereafter, the person 
      will be given five business days to explain why the need and justification 
      for continued confidentiality exists.

      (g) Requests to Inspect Confidential Information. A request to inspect 
      confidential information pursuant to subsections (f)(1) through (f)(4) 
      shall be in writing, state the justification for the request, and be 
      signed by the person making the request. A copy of the request for 
      inspection shall be forwarded to the person who requested confidential 
      treatment of the information in accordance with subsection (f)(5). If a 
      request for inspection should be held confidential and not disclosed to 
      the owner of the confidential information, the reasons therefor must be 
      stated in such request, in accordance with subsection (b).

      (h) Nothing contained herein shall be interpreted as affording any person 
      a right to withdraw information once it has been received by the Director, 
      except as provided in subsection (e).


      Note: Authority cited: Sections 1344 and 1346, Health and Safety Code. 
      References: Sections 6253, 6254 and 6255, Government Code; Section 1040, 
      Evidence Code; and Sections 1344 and 1351, Health and Safety Code. 


       HISTORY 
         
      1. New section filed 8-12-2002; operative 9-11-2002 (Register 2002, No. 
      33).
      28 CA ADC s 1007

      END OF DOCUMENT

      (C) Copyright 2006, Result Oriented Marketing, Inc.
      For Further Assistance Visit : www.mcmillanlaw.us and www.fearnotlaw.com