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 SENATE  AUGUST 22, 2012
	AMENDED IN SENATE  AUGUST 14, 2012
	AMENDED IN SENATE  AUGUST 9, 2012
	AMENDED IN SENATE  JUNE 13, 2012
	AMENDED IN ASSEMBLY  MARCH 21, 2011

INTRODUCED BY   Assembly Member Monning

                        JANUARY 24, 2011

   An act to add Section 12803.35 to the Government Code, to add
Section 19548.5 to the Revenue and Taxation Code, and to amend
Sections 1088.5 and 1095  to  of  the
Unemployment Insurance Code, relating to state government.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 174, as amended, Monning. Office of Systems Integration:
California Health and Human Services Automation Fund.
   Existing law establishes the Office of Systems Integration and
requires that office to implement a statewide automated welfare
system for specified public assistance programs.
   This bill would establish the California Health and Human Services
Automation Fund within the State Treasury and would, upon
appropriation by the Legislature, expend specified moneys deposited
into the fund for services rendered by the office. Certain funds
would only be transferred to the fund upon order of the Department of
Finance, as specified.
   Existing law provides that it is a misdemeanor for the Franchise
Tax Board or specified state employees to disclose or make known any
information in a return, report, or document filed under the
Administration of Franchise and Income Tax Laws, but authorizes the
Franchise Tax Board to disclose this information to specified
agencies for specified purposes.
   This bill would authorize the Franchise Tax Board, upon request,
to disclose to the California Health Benefit Exchange, the State
Department of Health Care Services, the Managed Risk Medical
Insurance Board, and county departments and agencies, returns or
return information to verify or determine eligibility of an
individual for Medi-Cal benefits, the Healthy Families Program, the
Access for Infants and Mothers Program, health benefits, tax credits,
health insurance subsidies, or  cost sharing 
cost-sharing  reductions through the exchange.
   Existing law provides for the payment of unemployment compensation
benefits to eligible unemployed individuals, and requires the
Employment Development Department to implement and administer the
unemployment insurance system in the state. Existing law requires
each employer to file with the department a report of wages paid to
his or her workers and to furnish to each employee a written
statement showing, among other things, the total amount of wages, and
total wages subject to personal income tax, as provided. Existing
law also requires each employer to file with the department specified
information on new employees, and authorizes the use of that
information for specified purposes including, among other things,
administration of the law regarding unemployment compensation
benefits. Existing law provides that a person who knowingly accesses,
uses, or discloses confidential information without authorization is
guilty of a misdemeanor.
   This bill would also authorize the Employment Development
Department to provide employer or employee information to the State
Department of Health Care Services, the California Health Benefit
Exchange, the Managed Risk Medical Insurance Board, and county
departments and agencies for specified purposes. By expanding the
crime of knowingly and wrongfully accessing, using  ,  or
disclosing specified information, this bill would impose a
state-mandated local program.
   Under existing law, the information obtained in the administration
of the Unemployment Insurance Law is for the exclusive use and
information of the Director of Employment Development in the
discharge of his or her duties and is not open to the public.
However, existing law requires the director to permit the use of
specified information for specified purposes, and allows the director
to require reimbursement for direct costs incurred. Existing law
provides that a person who knowingly accesses, uses, or discloses
this confidential information without authorization is guilty of a
misdemeanor.
   This bill would require the Director of Employment Development to
enable the State Department of Health Care Services, the California
Health Benefit Exchange, the Managed Risk Medical Insurance Board,
and county departments and agencies to obtain information regarding
employee wages, California employer account numbers, employer reports
of wages, and number of employees, and disability insurance and
unemployment insurance claim information for specified purposes.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 12803.35 is added to the Government Code, to
read:
   12803.35.  (a) There is hereby established in the State Treasury,
the California Health and Human Services Automation Fund. The moneys
in the fund shall be available upon appropriation by the Legislature
for expenditure by the Office of Systems Integration, established
pursuant to Section 12803.3, for support of that office.
   (b) The fund shall consist of the following:
   (1) All moneys appropriated to the fund in accordance with law.
   (2) The balance of all moneys available for expenditure by the
Systems Integration Division of the Office of Technology Services.
   (3) An amount of funding transferred from the Department of
Technology Services Revolving Fund to this fund determined by the
Department of Finance.
   (4) Funds appropriated to the State Department of Social Services
in the annual Budget Act for the management, including  , 
as needed, procurement, design, development, testing, implementation,
oversight, and maintenance, of the following projects shall be
transferred to this fund upon order of the Department of Finance:
   (A) Statewide Automated Welfare System (SAWS)  , 
including Statewide Project Management, WCDS, C-IV, LEADER, LRS, and
the migration of C-IV to LRS pursuant to Section 10823 of the Welfare
and Institutions Code, as amended by Section 9 of Chapter 13 of the
First Extraordinary Session of the Statutes of 2011.
   (B) Child Welfare Services/Case Management System (CWS/CMS).
   (C) Child Welfare Services/Case Management System (CWS/CMS) new
system project.
   (D) Electronic Benefit Transfer (EBT).
   (E) Statewide Fingerprinting Imaging System (SFIS).
   (F) Case Management Information Payrolling System (CMIPS)
Reprocurement.
   (G) Welfare Data Tracking Implementation Project (WDTIP).
   (5) (A) Funds appropriated to the Employment Development
Department in the annual Budget Act for the management, including
procurement, design, development, testing, implementation, oversight,
and maintenance, of the Unemployment Insurance Modernization project
shall be transferred to the fund upon order of the Department of
Finance.
   (B) On or before full expenditure of federal Reed Act funds, the
Department of Finance and the Employment Development Department shall
determine the appropriate timeframe to transfer the project
management and the associated resources for the Unemployment
Insurance Modernization Project to the Employment Development
Department.
   (6) Funds appropriated to the Department of Health Care Services
and the Managed Risk Medical Insurance Board in the annual Budget Act
for the management, including procurement, design, development,
testing, implementation, oversight, and maintenance, of the
California Healthcare Eligibility, Enrollment, and Retention System
shall be transferred to the fund from the Department of Finance.
   (7) Funds from the California Health Benefit Exchange may be
transferred upon order of the Department of Finance pursuant to an
interagency agreement between the California Health Benefit Exchange
and the Office of Systems Integration to support the California
Healthcare Eligibility, Enrollment, and Retention System.
  SEC. 2.  Section 19548.5 is added to the Revenue and Taxation Code,
to read:
   19548.5.  (a) (1) The Franchise Tax Board may, upon request,
disclose to the California Health Benefit Exchange, the State
Department of Health Care Services, the Managed Risk Medical
Insurance Board, and county departments and agencies, returns or
return information described in paragraph (2) in the records of the
Franchise Tax Board, through information sharing agreements or data
interfaces, to verify or determine eligibility of an individual for
Medi-Cal benefits, the Healthy Families Program, the Access for
Infants and Mothers Program, health benefits, tax credits, health
insurance subsidies, or  cost sharing  
cost-sharing  reductions through the Exchange.
   (2) The returns and return information that may be disclosed
pursuant to this section is limited to the following:
   (A) Information necessary to validate or make the eligibility
determination, including wages, withholdings, identifying
information, and credits.
   (B) The demographic information of any taxpayer.
   (C) Tax refund information of any taxpayer.
   (3) In addition to the penalties under this article for
unauthorized use or disclosure of the information disclosed pursuant
to this section by any deputy, agent, clerk, officer, or employee of
any agency receiving information pursuant to this section, any
information received from the Franchise Tax Board as a result of this
section shall be subject to the information sharing and
confidentiality requirements in paragraph (8) of subdivision (a) 
of  Section 100504 of the Government Code.
   (b) (1) This section shall not be construed to supersede the
requirements and protections in the California Right to Financial
Privacy Act under Chapter 20 (commencing with Section 7460) of
Division 7 of Title 1 of the Government Code in obtaining information
in possession of any financial institution.
   (2) This section shall not be construed to supersede or replace or
in any way modify any privacy and information security requirements
and protections in federal and state law regarding protected health
information or personally identifiable information, including, but
not limited to, the federal Health Insurance Portability and
Accountability Act (HIPAA), the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
Division 3 of the Civil Code), Section 14100.2 of the Welfare and
Institutions Code, and any other state or federal laws that are
intended to, or have the effect of, protecting individual privacy and
information security in any circumstance.
   (c) The Franchise Tax Board may require reimbursement for costs
incurred in providing information specified in this Section.
  SEC. 3.  Section 1088.5 of the Unemployment Insurance Code is
amended to read:
   1088.5.  (a) In addition to information reported in accordance
with Section 1088, effective July 1, 1998, each employer shall file,
with the department, the information provided for in subdivision (b)
on new employees.
   (b) Each employer shall report the hiring of any employee who
works in this state and to whom the employer anticipates paying
wages.
   (c) (1) This section shall not apply to any department, agency, or
instrumentality of the United States.
   (2) State agency employers shall not be required to report
employees performing intelligence or counterintelligence functions,
if the head of the agency has determined that reporting pursuant to
this section would endanger the safety of the employee or compromise
an ongoing investigation or intelligence mission.
   (d) (1) Employers shall submit a report as described in paragraph
(4) within 20 days of hiring any employee whom the employer is
required to report pursuant to this section.
   (2) Notwithstanding subdivision (a), employers transmitting
reports magnetically or electronically shall submit the report by two
monthly transmissions not less than 12 days and not more than 16
days apart.
   (3) For purposes of this section, an employer that has employees
in two or more states and that transmits reports magnetically or
electronically may designate one state in which the employer has
employees to which the employer will transmit the report described in
paragraph (4). Any employer that transmits reports pursuant to this
paragraph shall notify the Secretary of Health and Human Services in
writing as to which state the employer designates for the purpose of
sending reports.
   (4) The report shall contain the following:
   (A) The name, address, and social security number of the
employees.
   (B) The employer's name, address, state employer identification
number (if one has been issued), and identifying number assigned to
the employer under Section 6109 of the Internal Revenue Code of 1986.

   (C) The first date the employee worked.
   (5) Employers may report pursuant to this section by submitting a
copy of the employee's W-4 form, a form provided by the department,
or any other hiring document transmitted by first-class mail,
magnetically, or electronically.
   (e) For each failure to report the hiring of an employee, as
required and within the time required by this section, unless the
failure is due to good cause, the department may assess a penalty of
twenty-four dollars ($24), or four hundred ninety dollars ($490) if
the failure is the result of conspiracy between the employer and
employee not to supply the required report or to supply a false or
incomplete report.
   (f) Information collected pursuant to this section may be used for
the following purposes:
   (1) Administration of this code.
   (2) Locating individuals for purposes of establishing paternity
and establishing, modifying, and enforcing child support obligations.

   (3) Administration of employment security and workers'
compensation programs.
   (4) Providing employer or employee information to the Franchise
Tax Board and the State Board of Equalization for the purpose of tax
or fee enforcement.
   (5) Verification of eligibility of applicants for, or recipients
of, the public assistance programs listed in Section 1320b-7(b) of
Title 42 of the United States Code.
   (6) Providing employer or employee information to the State
Department of Health Care Services, the California Health Benefit
Exchange, the Managed Risk Medical Insurance Board, and county
departments and agencies for the purpose of:
   (A) Verifying or determining the eligibility of an applicant for,
or a recipient of, state health subsidy programs, limited to the
Medi-Cal program, provided pursuant to Chapter 7 (commencing with
Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions Code, the Healthy Families Program, provided pursuant to
Part 6.2 (commencing with Section 12693) of Division 2 of the
Insurance Code, and the Access for Infants and Mothers Program,
provided pursuant to Part 6.3 (commencing with Section 12695) of
Division 2 of the Insurance Code, where the verification or
determination is directly connected with, and limited to, the
administration of the state health subsidy programs referenced in
this subparagraph.
   (B) Verifying or determining the eligibility of an applicant for,
or a recipient of, federal subsidies offered through the California
Health Benefit Exchange, provided pursuant to Title 22 (commencing
with Section 100500) of the Government Code, including federal tax
credits and cost-sharing assistance pursuant to the federal Patient
Protection and Affordable Care Act, (Public Law 111-148), as amended
by the federal Health Care and Education Reconciliation Act of 2010
(Public Law 111-152), where the verification or determination is
directly connected with, and limited to, the administration of the
California Health Benefit Exchange.
   (C)  (1)    Verifying or
determining the eligibility of employees and employers for health
coverage through the Small Business Health Options Program, provided
pursuant to Section 100502 of the Government Code, where the
verification or determination is directly connected with, and limited
to  ,  the administration of the Small Business Health
Options Program. 
   (2) This subparagraph shall not be construed to supersede or
replace or in any way modify any privacy and information security
requirements and protections in federal and state law regarding
protected health information or personally identifiable information,
including, but not limited to, the federal Health Insurance
Portability and Accountability Act (HIPAA), the Information Practices
Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8
of Part 4 of Division 3 of the Civil Code), Section 14100.2 of the
Welfare and Institutions Code, and any other state or federal laws
that are intended to, or have the effect of, protecting individual
privacy and information security in any circumstance. 
   (g) For purposes of this section, "employer" includes a labor
union hiring hall.
   (h) This section shall become operative on July 1, 1998.
  SEC. 4.  Section 1095 of the Unemployment Insurance Code is amended
to read:
   1095.  The director shall permit the use of any information in his
or her possession to the extent necessary for any of the following
purposes and may require reimbursement for all direct costs incurred
in providing any and all information specified in this section,
except information specified in subdivisions (a) to (e), inclusive:
   (a) To enable the director or his or her representative to carry
out his or her responsibilities under this code.
   (b) To properly present a claim for benefits.
   (c) To acquaint a worker or his or her authorized agent with his
or her existing or prospective right to benefits.
   (d) To furnish an employer or his or her authorized agent with
information to enable him or her to fully discharge his or her
obligations or safeguard his or her rights under this division or
Division 3 (commencing with Section 9000).
   (e) To enable an employer to receive a reduction in contribution
rate.
   (f) To enable federal, state, or local government departments or
agencies, subject to federal law, to verify or determine the
eligibility or entitlement of an applicant for, or a recipient of,
public social services provided pursuant to Division 9 (commencing
with Section 10000) of the Welfare and Institutions Code, or Part A
of Title IV of the Social Security Act, where the verification or
determination is directly connected with, and limited to, the
administration of public social services.
   (g) To enable county administrators of general relief or
assistance, or their representatives, to determine entitlement to
locally provided general relief or assistance, where the
determination is directly connected with, and limited to, the
administration of general relief or assistance.
   (h) To enable state or local governmental departments or agencies
to seek criminal, civil, or administrative remedies in connection
with the unlawful application for, or receipt of, relief provided
under Division 9 (commencing with Section 10000) of the Welfare and
Institutions Code or to enable the collection of expenditures for
medical assistance services pursuant to Part 5 (commencing with
Section 17000) of Division 9 of the Welfare and Institutions Code.
   (i) To provide any law enforcement agency with the name, address,
telephone number, birth date, social security number, physical
description, and names and addresses of present and past employers,
of any victim, suspect, missing person, potential witness, or person
for whom a felony arrest warrant has been issued, when a request for
this information is made by any investigator or peace officer as
defined by Sections 830.1 and 830.2 of the Penal Code, or by any
federal law enforcement officer to whom the Attorney General has
delegated authority to enforce federal search warrants, as defined
under Sections 60.2 and 60.3 of Title 28 of the Code of Federal
Regulations, as amended, and when the requesting officer has been
designated by the head of the law enforcement agency and requests
this information in the course of and as a part of an investigation
into the commission of a crime when there is a reasonable suspicion
that the crime is a felony and that the information would lead to
relevant evidence. The information provided pursuant to this
subdivision shall be provided to the extent permitted by federal law
and regulations, and to the extent the information is available and
accessible within the constraints and configurations of existing
department records. Any person who receives any information under
this subdivision shall make a written report of the information to
the law enforcement agency that employs him or her, for filing under
the normal procedures of that agency.
   (1) This subdivision shall not be construed to authorize the
release to any law enforcement agency of a general list identifying
individuals applying for or receiving benefits.
   (2) The department shall maintain records pursuant to this
subdivision only for periods required under regulations or statutes
enacted for the administration of its programs.
   (3) This subdivision shall not be construed as limiting the
information provided to law enforcement agencies to that pertaining
only to applicants for, or recipients of, benefits.
   (4) The department shall notify all applicants for benefits that
release of confidential information from their records will not be
protected should there be a felony arrest warrant issued against the
applicant or in the event of an investigation by a law enforcement
agency into the commission of a felony.
   (j) To provide public employee retirement systems in California
with information relating to the earnings of any person who has
applied for or is receiving a disability income, disability
allowance, or disability retirement allowance, from a public employee
retirement system. The earnings information shall be released only
upon written request from the governing board specifying that the
person has applied for or is receiving a disability allowance or
disability retirement allowance from its retirement system. The
request may be made by the chief executive officer of the system or
by an employee of the system so authorized and identified by name and
title by the chief executive officer in writing.
   (k) To enable the Division of Labor Standards Enforcement in the
Department of Industrial Relations to seek criminal, civil, or
administrative remedies in connection with the failure to pay, or the
unlawful payment of, wages pursuant to Chapter 1 (commencing with
Section 200) of Part 1 of Division 2 of, and Chapter 1 (commencing
with Section 1720) of Part 7 of Division 2 of, the Labor Code.
   (l) To enable federal, state, or local governmental departments or
agencies to administer child support enforcement programs under
Title IV of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
   (m) To provide federal, state, or local governmental departments
or agencies with wage and claim information in its possession that
will assist those departments and agencies in the administration of
the Victims of Crime Program or in the location of victims of crime
who, by state mandate or court order, are entitled to restitution
that has been or can be recovered.
   (n) To provide federal, state, or local governmental departments
or agencies with information concerning any individuals who are or
have been:
   (1) Directed by state mandate or court order to pay restitution,
fines, penalties, assessments, or fees as a result of a violation of
law.
   (2) Delinquent or in default on guaranteed student loans or who
owe repayment of funds received through other financial assistance
programs administered by those agencies. The information released by
the director for the purposes of this paragraph shall not include
unemployment insurance benefit information.
   (o) To provide an authorized governmental agency with any or all
relevant information that relates to any specific workers'
compensation insurance fraud investigation. The information shall be
provided to the extent permitted by federal law and regulations. For
the purposes of this subdivision, "authorized governmental agency"
means the district attorney of any county, the office of the Attorney
General, the Department of Industrial Relations, and the Department
of Insurance. An authorized governmental agency may disclose this
information to the State Bar, the Medical Board of California, or any
other licensing board or department whose licensee is the subject of
a workers' compensation insurance fraud investigation. This
subdivision shall not prevent any authorized governmental agency from
reporting to any board or department the suspected misconduct of any
licensee of that body.
   (p) To enable the Director of the Bureau for Private Postsecondary
and Vocational Education, or his or her representatives, to access
unemployment insurance quarterly wage data on a case-by-case basis to
verify information on school administrators, school staff, and
students provided by those schools who are being investigated for
possible violations of Chapter 7 (commencing with Section 94700) of
Part 59 of the Education Code.
   (q) To provide employment tax information to the tax officials of
Mexico, if a reciprocal agreement exists. For purposes of this
subdivision, "reciprocal agreement" means a formal agreement to
exchange information between national taxing officials of Mexico and
taxing authorities of the State Board of Equalization, the Franchise
Tax Board, and the Employment Development Department. Furthermore,
the reciprocal agreement shall be limited to the exchange of
information that is essential for tax administration purposes only.
Taxing authorities of the State of California shall be granted tax
information only on California residents. Taxing authorities of
Mexico shall be granted tax information only on Mexican nationals.
   (r) To enable city and county planning agencies to develop
economic forecasts for planning purposes. The information shall be
limited to businesses within the jurisdiction of the city or county
whose planning agency is requesting the information, and shall not
include information regarding individual employees.
   (s) To provide the State Department of Developmental Services with
wage and employer information that will assist in the collection of
moneys owed by the recipient, parent, or any other legally liable
individual for services and supports provided pursuant to Chapter 9
(commencing with Section 4775) of Division 4.5 of, and Chapter 2
(commencing with Section 7200) and Chapter 3 (commencing with Section
7500) of Division 7 of, the Welfare and Institutions Code.
   (t) To provide the State Board of Equalization with employment tax
information that will assist in the administration of tax programs.
The information shall be limited to the exchange of employment tax
information essential for tax administration purposes to the extent
permitted by federal law and regulations.
   (u) Nothing in this section shall be construed to authorize or
permit the use of information obtained in the administration of this
code by any private collection agency.
   (v) The disclosure of the name and address of an individual or
business entity that was issued an assessment that included penalties
under Section 1128 or 1128.1 shall not be in violation of Section
1094 if the assessment is final. The disclosure may also include any
of the following:
   (1) The total amount of the assessment.
   (2) The amount of the penalty imposed under Section 1128 or 1128.1
that is included in the assessment.
   (3) The facts that resulted in the charging of the penalty under
Section 1128 or 1128.1.
   (w) To enable the Contractors' State License Board to verify the
employment history of an individual applying for licensure pursuant
to Section 7068 of the Business and Professions Code.
   (x) To provide any peace officer with the Division of
Investigation in the Department of Consumer Affairs information
pursuant to subdivision (i) when the requesting peace officer has
been designated by the Chief of the Division of Investigation and
requests this information in the course of and as part of an
investigation into the commission of a crime or other unlawful act
when there is reasonable suspicion to believe that the crime or act
may be connected to the information requested and would lead to
relevant information regarding the crime or unlawful act.
   (y) To enable the Labor Commissioner of the Division of Labor
Standards Enforcement in the Department of Industrial Relations to
identify, pursuant to Section 90.3 of the Labor Code, unlawfully
uninsured employers. The information shall be provided to the extent
permitted by federal law and regulations.
   (z) To enable the Chancellor of the California Community Colleges,
in accordance with the requirements of Section 84754.5 of the
Education Code, to obtain quarterly wage data, commencing January 1,
1993, on students who have attended one or more community colleges,
to assess the impact of education on the employment and earnings of
students, to conduct the annual evaluation of district-level and
individual college performance in achieving priority educational
outcomes, and to submit the required reports to the Legislature and
the Governor. The information shall be provided to the extent
permitted by federal statutes and regulations.
   (aa) To enable the Public Employees' Retirement System to seek
criminal, civil, or administrative remedies in connection with the
unlawful application for, or receipt of, benefits provided under Part
3 (commencing with Section 20000) of Division 5 of Title 2 of the
Government Code.
   (ab) To enable the State Department of Education, the University
of California, the California State University, and the Chancellor of
the California Community Colleges, pursuant to the requirements
prescribed by the federal American Recovery and Reinvestment Act of
2009 (Public Law 111-5), to obtain quarterly wage data, commencing
July 1, 2010, on students who have attended their respective systems
to assess the impact of education on the employment and earnings of
those students, to conduct the annual analysis of district-level and
individual district or postsecondary education system performance in
achieving priority educational outcomes, and to submit the required
reports to the Legislature and the Governor. The information shall be
provided to the extent permitted by federal statutes and
regulations.
   (ac) (1) To enable the State Department of Health Care Services,
the California Health Benefit Exchange, the Managed Risk Medical
Insurance Board, and county departments and agencies to obtain
information regarding employee wages, California employer names and
account numbers, employer reports of wages  ,  and
number of employees, and disability insurance and unemployment
insurance claim information, for the purpose of:
   (A) Verifying or determining the eligibility of an applicant for,
or a recipient of, state health subsidy programs, limited to the
Medi-Cal Program, provided pursuant to Chapter 7 (commencing with
Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions Code, the Healthy Families Program, provided pursuant to
Part 6.2 (commencing with Section 12693) of Division 2 of the
Insurance Code, and the Access for Infants and Mothers Program,
provided pursuant to Part 6.3 (commencing with Section 12695) of
Division 2 of the
Insurance Code, where the verification or determination is directly
connected with, and limited to, the administration of the state
health subsidy programs referenced in this subparagraph.
   (B) Verifying or determining the eligibility of an applicant for,
or a recipient of, federal subsidies offered through the California
Health Benefit Exchange, provided pursuant to Title 22 (commencing
with Section 100500) of the Government Code, including federal tax
credits and cost-sharing assistance pursuant to the federal Patient
Protection and Affordable Care Act (Public Law 111-148), as amended
by the federal Health Care and Education Reconciliation Act of 2010
(Public Law 111-152), where the verification or determination is
directly connected with, and limited to, the administration of the
California Health Benefit Exchange.
   (C) Verifying or determining the eligibility of employees and
employers for health coverage through the Small Business Health
Options Program, provided pursuant to Section 100502 of the
Government Code, where the verification or determination is directly
connected with, and limited to  ,  the administration of the
Small Business Health Options Program.
   (2) The information provided under this subdivision shall be
subject to the requirements of, and provided to the extent permitted
by, federal law and regulations, including Part 603 of Title 20 of
the Code of Federal Regulations. 
   (3) This subdivision shall not be construed to supersede or
replace or in any way modify any privacy and information security
requirements and protections in federal and state law regarding
protected health information or personally identifiable information,
including, but not limited to, the federal Health Insurance
Portability and Accountability Act (HIPAA), the Information Practices
Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8
of Part 4 of Division 3 of the Civil Code), Section 14100.2 of the
Welfare and Institutions Code, and any other state or federal laws
that are intended to, or have the effect of, protecting individual
privacy and information security in any circumstance. 
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.