LEGISLATIVE COUNSEL'S DIGEST


SB 337, as amended, Alquist. Patient medical information:
disclosure: reporting. Health information.

Existing
(1) Existing law establishes
provisions for the licensing and certification of clinics, health
facilities, home health agencies, and hospices under the jurisdiction
of the State Department of Public Health. Existing law requires
these entities to prevent unlawful or unauthorized access to, and use
or disclosure of, a patient's medical information, and authorizes
the department to assess administrative penalties for violations.
Existing law also requires these entities to report instances of
unlawful or unauthorized access to, and use or disclosure of, a
patient's medical information to the department and to the affected
patient or patient's representative, as prescribed, within 5 days of
detecting it.
This bill would specify that this period is 5 business days.
This bill would require a clinic, health facility, home health
agency, or hospice to delay reporting to the affected patient or
patient's representative the unlawful or unauthorized access to, and
use or disclosure of, a patient's medical information beyond 5
business days, as specified, if a law enforcement agency or official
provides a written or oral statement that compliance with that
reporting requirement would impede the law enforcement agency's
activities that relate to the unlawful or unauthorized access to, and
use or disclosure of, a patients medical information and specifying
the date upon which the delay shall end, as prescribed.
(2) 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.
This bill would, in addition, authorize the California Health and
Human Services Agency to apply for federal health information
technology and exchange funding and would, if no application is made
by that date, require selection of a state-designated qualified
nonprofit agency for the purposes of submitting an application for
federal health information technology and exchange funding.

This bill, in the event that the California Health and Human
Services Agency applies for and receives federal health information
technology and exchange funding, would create the California Health
Information Technology and Exchange Fund in the State Treasury. The
bill would require that all moneys in the fund be available, upon
appropriation by the Legislature, for purposes related to health
information technology and exchange. The bill would provide that the
fund shall consist of, but would not be limited to, federal health
information technology and exchange funding.