CONGRESSIONAL BRIEF: THE PATIENT INTEGRITY & TRANSPARENCY ACT (PITA)

TO: Congressman Mike Thompson / Governor Gavin Newsom

FROM: The Undersigned Citizens, Taxpayers, Disabled and Veterans of California

SUBJECT: Mandating Digital Transparency in Healthcare to Prevent Fraud and Neglect.

​I. THE UNIVERSAL RIGHT TO AN OBJECTIVE RECORD

Current California Privacy Law (PC 632) is being weaponized as a "Non-Disclosure Agreement" imposed upon patients without their consent. We demand that the right to record medical interactions be codified as a Universal Patient Right based on:

​The Diagnostic Audit Trail: Every patient—regardless of diagnosed disability—requires an accurate record to ensure Continuity of Care. Verbal instructions given in high-stress environments are subject to "Data Loss." A recording is the only objective "Black Box" for a medical interaction.

The "Undiagnosed" Protection: Thousands of citizens are dismissed by providers without a diagnosis. Denying these individuals a recording prevents them from seeking second opinions or proving a "Pattern of Neglect."

​Physical & Cognitive Neutrality: Whether a patient is in shock, overwhelmed, or physically unable to take notes, the burden of data collection should not fall on the person in distress.

II. FISCAL ACCOUNTABILITY & GOVERNMENT OVERSIGHT

Misappropriation of Public Funds: Facilities receiving VA, TriWest, Medicare, or Social Security reimbursements are public contractors. Using "Privacy" to prevent the recording of an interaction is a direct obstruction of Government Oversight.

The Billing vs. Stabilization Gap: We have identified a systemic pattern where patients are charged for high-revenue diagnostics (CT/MRI) while being denied baseline stabilization (IV fluids/Oxygen) and subsequently discharged in distress (Patient Dumping).

The EMTALA Violation: Federal Law requires stabilization. Without a recording, a hospital’s word is taken over the patient's physical reality. Transparency is the only way to enforce EMTALA compliance.

​III. LEGISLATIVE MANDATES FOR REFORM

State Law Amendment: Amend California PC 632 to clarify that medical providers acting in a professional capacity do not have an "Expectation of Privacy" that supersedes a patient’s right to document their own care.

The Transparency Condition: All healthcare entities receiving state or federal funds must acknowledge and permit patient-led recording as a condition of their operating license.

The Anti-Retaliation Clause: It shall be a felony to terminate care, "Hang Up," or retaliate against a patient for documenting an interaction for the purpose of personal health advocacy or legal audit.

IV. ADA COMPLIANCE: THE "PRESUMPTIVE DISABILITY" PROTECTIONS

The Right to Diagnostic Evidence: Under the ADA, "Effective Communication" is a civil right. This right must extend to individuals currently navigating the diagnostic process.

Protection for the Undiagnosed: A lack of a formal diagnosis is frequently the result of Provider Negligence or Lack of Investigation. This failure must not be used as a legal justification to strip a patient of their ADA recording rights.

The "Pre-Diagnosis" Shield: If a patient is exhibiting symptoms that impair their ability to process or remember information, they are entitled to digital recording as a Reasonable Accommodation.

V. DATA INTEGRITY & THE DUTY TO INVESTIGATE

The Mandate for Subjective History: Medical professionals have a mandatory duty to record and investigate Patient-Provided History (including third-party genetic data or prior diagnoses).

Prohibition of "Data Scrubbing": It shall be a violation of medical ethics and state law to omit a patient’s specific diagnostic requests or known health risks (e.g., genetic mutations affecting treatment) from the permanent medical record.

Objective Verification vs. Dismissal: When a patient provides credible evidence of an underlying condition, the provider is obligated to perform the necessary clinical testing to verify or refute that data. Dismissal, mockery, or "Gaslighting" a patient in crisis shall be grounds for immediate administrative audit and license review.

The Right to a Verification Log: Patients shall have the right to record their formal request for testing, ensuring that a provider's refusal to investigate is documented as a deliberate clinical choice rather than an accidental omission.