Bill Text: CA AB2174 | 2015-2016 | Regular Session | Amended
Bill Title: Ken Maddy California Cancer Registry.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2174 Detail]
Download: California-2015-AB2174-Amended.html
BILL NUMBER: AB 2174 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Jones
FEBRUARY 18, 2016
An act to amend Section 130301 of add
Section 103876 to the Health and Safety Code, relating to
health care.
LEGISLATIVE COUNSEL'S DIGEST
AB 2174, as amended, Jones. Health care.
Ken Maddy California Cancer Registry.
Existing law requires the State Department of Public Health to
establish a statewide system for the collection of information
determining the incidence of cancer known as the Ken Maddy California
Cancer Registry. Existing law authorizes the department to designate
any demographic parts of the state as regional cancer incidence
reporting areas and establish regional cancer registries to provide
cancer incidence data. Under existing law, all cancers diagnosed or
treated in the reported area are required to be reported to the
department or the authorized representative of the department.
Existing regulations require cancer reporting facilities and
physicians to employ a mechanism to ensure that their patients are
informed that the facility will report each patient with cancer to
the State Department of Public Health as required by law.
Under existing law, health care practitioners, including, among
others, physicians and surgeons, and any hospital or other facility
providing diagnostic or treatment services to patients with cancer
are required to grant to the department or the authorized
representative access to all records that would identify cases of
cancer or would establish characteristics of the cancer, treatment of
the cancer, or medical status of any identified cancer patient. All
information collected pursuant to those provisions is generally
required to be kept confidential. Existing law authorizes the
department to enter into agreements to furnish confidential
information to specified persons and entities, including other states'
cancer registries, local health officers, and health researchers.
This bill would require the State Department of Public Health to
ensure a patient whose name appears on the Ken Maddy California
Cancer Registry has received specified notice including, among other
things, that the department is authorized to release confidential
patient information to health researchers, prior to any researcher
contacting the patient.
Existing law, the Health Insurance Portability and Accountability
Implementation Act of 2001, establishes the Office of Health
Information Integrity within the California Health and Human Services
Agency, which is responsible for implementing the provisions of the
federal Health Insurance Portability and Accountability Act (HIPAA).
Existing law makes various findings and declarations about HIPAA.
This bill would make a technical, nonsubstantive change to those
provisions.
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 103876 is added to the
Health and Safety Code , to read:
103876. (a) Prior to any researcher contacting a person whose
name appears on the Ken Maddy California Cancer Registry, for any
purpose, the department shall ensure that the person to be contacted
has received notice of the following information:
(1) A description of the cancer registry, as provided in
subdivisions (a) and (b) of Section 103885.
(2) An explanation of how the department obtains all records that
would identify cases of cancer and the type of information collected
by the department, as described in subdivision (f) of Section 103885.
(3) The purpose for which the information obtained by the
department is collected and intended to be used, as described in
subdivision (g) of Section 103885.
(4) The authority of the department to release confidential
patient information to any person with a valid scientific interest,
other states' cancer registries, federal cancer control agencies,
local health officers, or health researchers, pursuant to subdivision
(g) of Section 103885.
(5) The discretion of a patient to refuse to participate in any
research study and to request that his or her contact information be
withheld.
(6) The benefits of participating in cancer research, including,
but not limited to, the opportunity to contribute to the discovery of
improved treatments and survival rates for cancer patients.
(b) (1) All notifications to the patient required pursuant to this
section shall be distributed in a cost-effective manner, including,
but not limited to, by email.
(2) All notifications pursuant to this section shall be at no cost
to the person receiving them.
(c) The department shall adopt regulations as it determines are
necessary for the implementation of this section in accordance with
the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code).
SECTION 1. Section 130301 of the Health and
Safety Code is amended to read:
130301. The Legislature finds and declares the following:
(a) The federal Health Insurance Portability and Accountability
Act (Public Law 104-191), known as HIPAA, was enacted on August 21,
1996.
(b) HIPAA extends health coverage benefits to workers after they
terminate or change employment by allowing the worker to participate
in existing group coverage plans, thereby avoiding the additional
expense associated with obtaining individual coverage as well as the
potential loss of coverage because of a preexisting health condition.
(c) Administrative simplification is a key feature of HIPAA,
requiring standard national identifiers for providers, employers, and
health plans and the development of uniform standards for the coding
and transmission of claims and health care information.
Administration simplification is intended to promote the use of
information technology, thereby reducing costs and increasing
efficiency in the health care industry.
(d) HIPAA also contains new standards for safeguarding the privacy
and security of health information. Therefore, the development of
policies for safeguarding the privacy and security of health records
is a fundamental and indispensable part of HIPAA implementation that
must accompany or precede the expansion or standardization of
technology for recording or transmitting health information.
(e) The federal Department of Health and Human Services has
published, and continues to publish, rules pertaining to the
implementation of HIPAA. Following a 60-day congressional concurrence
period, health providers and insurers have 24 months in which to
implement these rules.
(f) These federal rules directly apply to state and county
departments that provide health coverage, health care, mental health
services, and alcohol and drug treatment programs. Other state and
county departments are also subject to these rules to the extent they
use or exchange information with the departments to which the
federal rules directly apply.
(g) In view of the substantial changes that HIPAA will require in
the practices of both private and public health entities and their
business associates, the ability of California government to continue
the delivery of vital health services will depend upon the
implementation of HIPAA in a manner that is coordinated among state
departments as well as our partners in county government and the
private health sector.
(h) The implementation of HIPAA shall be accomplished as required
by federal law and regulations and shall be a priority for state
departments.
