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Augustin R. Jimenez – Special Counsel to the Secretary of the Transportation Agency

Violations of sections 4733 and 4736 of the California Probate Code by a physician affiliated with Kaiser Permanente (Woodland Hills Medical Center) (Kaiser) relative to organ donor protocols. These Probate Code sections concern, generally, (1) compliance with individual health care instructions by a health care provider, and (2) prompt notification to a patient or authorized person when the health care provider declines to comply with individual health care instructions. This allegation was the subject-matter of an investigation undertaken by the Department of Managed Health Care (DMHC or Department) and its letter to you dated February 6, 2008, concluding its investigation. In your letter of February 18, 2008, you now allege Department “inaction” regarding alleged violations of the above Probate Code sections and “Knox Keene Act Title 42 part 482, and Title 28 § 1468.B(5) and § 1300.68(3).” Subsequently, in a facsimile transmittal dated April 3, 2008, you added an additional claimed violation of Health and Safety Code section 7154, subdivision (b).
A careful reading of the Knox Keene Act makes it clear that the Department has been conferred no authority by the Legislature relative to any provisions of the Probate Code.