Bill Text: CA AB174 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Office of Systems Integration: California Health and

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-30 - Chaptered by Secretary of State - Chapter 815, Statutes of 2012. [AB174 Detail]

Download: California-2011-AB174-Amended.html

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BILL NUMBER: AB 174	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2011

INTRODUCED BY   Assembly Member Monning

                        JANUARY 24, 2011

   An act to  amend Section 130275 of   add
Section 130280.5 to  the Health and Safety Code, relating to
health information.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 174, as amended, Monning. Health information exchange.
   Existing law establishes the Office of Health Information
Integrity within the California Health and Human Services Agency to
ensure the enforcement of state law mandating confidentiality of
medical information and to impose administrative fines for the
unauthorized use of medical information. Existing law authorizes the
office to establish and administer demonstration projects to evaluate
potential solutions to facilitate health information exchange that
promote quality of care, respect the privacy and security of personal
health information, and enhance the trust of the stakeholders.
 Existing law provides that it is the intent of the
Legislature that these demonstration projects identify barriers to
implementing health information exchanges, test potential security
and privacy polices for the safe and secure exchange of health
information, and identify and address differences between state and
federal laws regarding privacy of health information. 

   This bill would make a technical, nonsubstantive change to these
provisions.  
   This bill would require the system of electronic health records
developed based on the demonstration projects established pursuant to
these provisions to be implemented with the full participation of
health consumers and organizations concerned with protecting the
privacy and security of patient information in the development of
policies, and would require the office to ensure that there are
opportunities for public comment and input on the development of
those policies. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 130280.5 is added to the 
 Health and Safety Code   , to read:  
   130280.5.  (a) The Legislature finds and declares all of the
following:
   (1) The primary purpose of the implementation of electronic health
records is to ensure that the system is designed to enhance patient
treatment and outcomes.
   (2) Patient trust is essential to patient acceptance of a system
of electronic health records, and thus establishing patient trust is
necessary in order for the system to enhance patient treatment and
outcomes.
   (3) Protection of patient privacy and security, which is
epitomized by doctor-patient confidentiality, is essential in
building patient trust.
   (b) The system of electronic health records developed based on the
demonstration projects established pursuant to this division shall
be implemented with the full participation of health consumers and
organizations concerned with protecting the privacy and security of
patient information in the development of policies, and the office
shall ensure that there are opportunities for public comment and
input on the development of those policies.  
  SECTION 1.    Section 130275 of the Health and
Safety Code is amended to read:
   130275.  The Legislature finds and declares all of the following:
   (a) There is a need to enhance California's ability to obtain and
use federal funding, as awarded in the State Cooperative Grant
Agreement for health information exchange, for the establishment of
statewide health information exchange infrastructure in California.
The California Health and Human Services Agency is authorized by the
Legislature, pursuant to Section 130255, to use those federal funds
to achieve that purpose.
   (b) Health information exchange has the potential to significantly
improve the quality of treatment and care, reduce unnecessary health
care costs, and increase administrative efficiencies within the
health care system. The application of health information exchange
technology to manage health information will also have a significant
impact on consumers, health care facilities, and licensed health care
providers.
   (c) Current laws may not adequately protect privacy, or may impose
obstacles to the exchange of vital health information, as required
by the State Cooperative Grant Agreement for health information
exchange and other federal health information funding programs.
   (d) It is the intent of the Legislature to authorize the Office of
Health Information Integrity within the California Health and Human
Services Agency to establish and administer demonstration projects
funded by federal grants and other sources. It is the intent of the
Legislature that the demonstration projects do all of the following:
   (1) Identify barriers to implementing health information
exchanges.
   (2) Test potential security and privacy policies for the safe and
secure exchange of health information, including, but not limited to,
issues related to access to, and storage of, individual health
information.
   (3) Identify and address differences between state and federal
laws regarding privacy of health information.