Bill Text: CA AB1812 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Health facilities: information: disclosure.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-08-22 - Chaptered by Secretary of State - Chapter 265, Statutes of 2014. [AB1812 Detail]

Download: California-2013-AB1812-Introduced.html

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BILL NUMBER: AB 1812	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Pan

                        FEBRUARY 18, 2014

   An act to amend Section 128766 of the Health and Safety Code,
relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1812, as introduced, Pan. Health facilities: information:
disclosure.
   Existing law requires health facilities to file specified reports
with the Office of Statewide Health Planning and Development. These
reports include a Hospital Discharge Abstract Data Record, an
Emergency Care Data Record, and an Ambulatory Surgery Data Record,
which contain information regarding each patient. Existing law
requires the office to maintain a file containing these reports and,
subject to any rules the office may prescribe, requires that these
reports be produced and made available for inspection upon the demand
of any person, with the exception of hospital discharge abstract
data that is required to be made available unless the office
determines that an individual patient's rights of confidentiality
would be violated.
   Existing law requires the office, notwithstanding any other law,
to disclose, upon request, information contained in the above records
to any California hospital and any local health department or local
health officer. Existing law requires the office to disclose that
same information to the National Center for Health Statistics or any
other unit of the Centers for Disease Control and Prevention, or the
Agency for Healthcare Research and Quality of the United States
Department of Health and Human Services, for conducting a statutorily
authorized activity, except as specified.
   This bill would expand the list of federal agencies authorized to
receive the disclosures of information described above to include the
Centers for Medicare and Medicaid Services, the Health Resources and
Services Administration, the Indian Health Service, the National
Institutes of Health, the National Cancer Institute, and the Veterans
Health Care Administration within the United States Department of
Veterans Affairs.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 128766 of the Health and Safety Code is amended
to read:
   128766.  (a) Notwithstanding Section 128765 or any other provision
of law, the office, upon request, shall disclose information
collected pursuant to subdivision (g) of Section 128735 and Sections
128736 and 128737, to any California hospital and any local health
department or local health officer in California as set forth in Part
3 (commencing with Section 101000) of Division 101. The office shall
disclose this same information to the  National Center for
Health Statistics or any other unit of the Centers for Disease
Control and Prevention, or the Agency for Healthcare Research and
Quality of the  United States Department of Health and Human
 Services,   Services or any of its subsidiary
agencies, including the National Center for Health Statistics or any
other unit of the Centers for Disease Control and Prevention, the
Agency for Healthcare Research and Quality, the Centers for Medicare
and Medicaid Services, the Health Resources and Services
Administration, the Indian Health Service, the National Institutes of
Health, or the National Cancer Institute, or the Veterans Health
Care Administration within the United States Department of Veterans
Affairs, for the purposes of conducting a statutorily authorized
activity. All disclosures made pursuant to this section shall be
consistent with the standards and limitations applicable to the
disclosure of limited data sets as provided in Section 164.514 of
Part 164 of Title 45 of the Code of Federal Regulations, relating to
the privacy of health information.
   (b) Any hospital that receives information pursuant to this
section shall not disclose that information to any person or entity,
except in response to a court order, search warrant, or subpoena, or
as otherwise required or permitted by the federal medical privacy
regulations contained in Parts 160 and 164 of Title 45 of the Code of
Federal Regulations. In no case shall a hospital, contractor, or
subcontractor reidentify or attempt to reidentify any information
received pursuant to this section.
   (c) No disclosure shall be made pursuant to this section if the
director of the office has determined that the disclosure would
create an unreasonable risk to patient privacy. The director shall
provide a written explanation of the determination to the requester
within 60 days.