Cal. Code Regs. Tit. 11, § 827.4 - Restrictions on Accessing CURES or Data from CURES

(a) A Law Enforcement Official must only access CURES, or request data from CURES, on behalf of a Law Enforcement Agency, to assist the efforts of that Law Enforcement Agency to control the Diversion and Resultant Abuse of Applicable Controlled Substances, in connection with an investigation or prosecution of a violation or possible violation of law related to the use, possession, sale, prescribing, ordering, administering, furnishing, or dispensing of any Applicable Controlled Substance.

(b) To obtain a Prescriber History Report, a Law Enforcement Official must indicate whether the request is for a civil or criminal investigation and provide all of the following:

(1) Case number.

(2) Violation code or crime code.

(3) Search criteria that include, at a minimum, both of the following:

(A) Prescriber first name and Prescriber last name, or Prescriber DEA Number.

(B) Search Period.

(c) To obtain a Pharmacy History Report, a Law Enforcement Official must indicate whether the request is for a civil or criminal investigation and provide all of the following:

(1) Case number.

(2) Violation code or crime code.

(3) Search criteria that include, at a minimum, both of the following:

(A) Pharmacy name, pharmacy license number, or DEA Number.

(B) Search Period.

(d) To obtain a Serialized Prescription History Report, a Law Enforcement Official must indicate whether the request is for a civil or criminal investigation and provide all of the following:

(1) Case number.

(2) Violation code or crime code.

(3) Search criteria that include, at a minimum, a starting prescription form serial number.

(e) To obtain a Serialized Prescription Form Report by prescriber, a Law Enforcement Official must provide search criteria that include all of the following:

(1) Prescriber first name and Prescriber last name, or Prescriber DEA Number.

(2) Date search type.

(3) Search Period.

(f) To obtain a Serialized Prescription Form Report by prescription form serial number, a Law Enforcement Official must provide search criteria that include, at a minimum, all of the following:

(1) A starting prescription form serial number.

(2) Date search type.

(3) Search Period.

(g) To obtain a Serialized Prescription Form Report by security printer, a Law Enforcement Official must provide search criteria that include all of the following:

(1) Security printer name.

(2) Date search type.

(3) Search Period.

(h) To obtain a Prescription Form Theft or Loss Report by Prescriber or Pharmacist, a Law Enforcement Official must provide search criteria that include, at a minimum, all of the following:

(1) First name and last name of the Prescriber or Pharmacist, DEA Number of the Prescriber or Pharmacist, or Category of Licensure of the Prescriber or Pharmacist.

(2) Date search type.

(3) Search Period.

(i) To obtain a Prescription Form Theft or Loss Report by prescription form serial number, a Law Enforcement Official must provide search criteria that include, at a minimum, all of the following:

(1) A starting prescription form serial number.

(2) Date search type.

(3) Search Period.

(j) To obtain a Prescription Form Theft or Loss Report by theft or loss details, a Law Enforcement Official must provide search criteria that include, at a minimum, all of the following:

(1) Reporter type, type of theft or loss, city theft or loss occurred, county theft or loss occurred, or current report status.

(2) Date search type.

(3) Search Period.

(k) To obtain a Patient Activity Report, a Law Enforcement Official must indicate whether the request is for a civil or criminal investigation and provide all of the following:

(1) Case number.

(2) Violation code or crime code.

(A) If the Law Enforcement Official is acting in the capacity of a coroner or medical examiner, or the Law Enforcement Official is directly assisting an individual acting in the capacity of a coroner or medical examiner, and the subject of the search is deceased, the Law Enforcement Official is not required to provide a violation code or a crime code.

(3) Search warrant or court order.

(4) Search criteria that include, at a minimum, all of the following:

(A) Patient first name and patient last name.

(B) Patient date of birth.

(C) Search Period.

(l) Notwithstanding subdivision (k) or any other regulation in this chapter, a Law Enforcement Official is not eligible for direct electronic access to a Patient Activity Report in connection with investigating or prosecuting a possible violation of civil law; however, a Law Enforcement Official may request a Patient Activity Report in connection with investigating or prosecuting a possible violation of civil law through written submission to CURES PDMP for manual processing.

(m) Notwithstanding subdivision (k)(3), a Law Enforcement Official is not required to provide a search warrant or a court order to obtain a Patient Activity Report under any of the following circumstances:

(1) The Law Enforcement Official provides CURES or CURES PDMP with a federal grand jury subpoena.

(2) The Law Enforcement Official provides CURES PDMP with a subpoena that meets all of the following requirements:

(A) The request is from a federal, State, or local prosecutor.

(B) The records requested are of the named defendant in the case.

(C) The request identifies the court in which the case is filed and the court case number.

(D) The records requested are to be delivered to the court.

(3) The Law Enforcement Official provides CURES PDMP with an administrative subpoena issued under 21 United States Code section 876 of the Controlled Substances Act.

(4) The Law Enforcement Official is an officer or employee of the Department's Division of Medi-Cal Fraud and Elder Abuse, or the Department of Health Care Services, and provides CURES or CURES PDMP with both of the following:

(A) A Medi-Cal beneficiary status report indicating that the individual whose information is to be searched was a Medi-Cal beneficiary, or an applicant to the Medi-Cal program, during the applicable Search Period.

(B) An affidavit produced on the Law Enforcement Agency's official letterhead that includes all of the following:

1. A statement to the effect that the Law Enforcement Official is conducting or assisting an investigation, prosecution, or civil or criminal proceeding, related to one or both of the following:

a. Administration of the Medi-Cal plan within the meaning of 42 Code of Federal Regulations part 431.302(d).

b. Activities consistent with the duties and responsibilities of the Medicaid Fraud Control Unit as set forth in 42 Code of Federal Regulations part 1007.11.

2. Medi-Cal beneficiary first name and Medi-Cal beneficiary last name.

3. Medi-Cal beneficiary date of birth.

4. Search Period.

5. Requesting Law Enforcement Official's signature and job title.

(5) The Law Enforcement Official provides CURES or CURES PDMP with a copy of an individual's death certificate or a memorandum produced on Law Enforcement Agency's official letterhead that includes all of the following:

(A) A statement attesting that the subject of the search is deceased.

(B) A statement attesting that the search is related to an open Law Enforcement Agency investigation or a coroner or medical examiner case.

(C) Decedent first name and decedent last name.

(D) Decedent date of birth.

(E) Search Period.

(F) Requesting Law Enforcement Official's signature and job title.

(6) The Law Enforcement Official is an officer or employee of the Department and has written approval from the Attorney General to access CURES, or request data from CURES, on behalf of the Department, for limited purposes and use consistent with Section 13 of Article V of the Constitution, related to the Attorney General's investigative authority. In addition to the restrictions of section 827.5, access to CURES or data from CURES, and the use or disclosure of data obtained from CURES, by the Law Enforcement Officials of the Department may be subject to additional restrictions as determined by the Department.

(7) The Law Enforcement Official is an officer or employee of a Law Enforcement Agency that is a member of a Department Investigative Team. In addition to the restrictions of section 827.5, access to CURES or data from CURES, and the use or disclosure of data obtained from CURES, by Department Investigative Team members may be subject to additional restrictions as determined by the Department.

Notes

Cal. Code Regs. Tit. 11, § 827.4

1. Renumbering and amendment of former section 825.4 to section 827.4 filed 8-15-2022; operative 8-15-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 33).

Note: Authority cited: Section 11165, Health and Safety Code. Reference: Section 11165, Health and Safety Code.

1. Renumbering and amendment of former section 825.4 to section 827.4 filed 8-15-2022; operative 8/15/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 33).