Bill Text: CA AB1011 | 2023-2024 | Regular Session | Amended
Bill Title: Social care: data privacy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2023-09-01 - In committee: Held under submission. [AB1011 Detail]
Download: California-2023-AB1011-Amended.html
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Amended
IN
Senate
August 14, 2023 |
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Amended
IN
Senate
June 29, 2023 |
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Amended
IN
Assembly
April 27, 2023 |
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Amended
IN
Assembly
March 16, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1011
| Introduced by Assembly Member Weber |
February 15, 2023 |
An act to add Part 2.8 (commencing with Section 60) to Division 1 of the Civil Code, relating to social care.
LEGISLATIVE COUNSEL'S DIGEST
AB 1011, as amended, Weber.
Social care: data privacy.
Existing federal law, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), establishes certain requirements relating to the provision of health insurance, including provisions relating to the confidentiality of health records. Existing state law, the Confidentiality of Medical Information Act, prohibits a provider of health care, a health care service plan, a contractor, a corporation and its subsidiaries and affiliates, or any business that offers software or hardware to consumers, including a mobile application or other related device, as defined, from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, except as provided.
This bill would prohibit a participating entity of a closed-loop
referral system (CLRS) from selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, social care information stored in or transmitted through a CLRS in exchange for monetary or other valuable consideration. consideration, except as specified. The bill would further prohibit a participating entity from using social care information stored in, or transmitted through, a CLRS for any purpose or purposes other than the social care purpose or purposes for which that social care information was collected or generated, except as specified. The bill would define “social care” to mean any care, services, goods, or supplies related to an individual’s social needs, including, but not limited to, support and assistance for
an individual’s food stability and nutritional needs, housing, transportation, economic stability, employment, education access and quality, childcare and family relationship needs, and environmental and physical safety. The bill would also define “social care information” to mean any information, in any form, that relates to the need for, payment for, or provision of, social care, and the individual’s personal information, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Part 2.8 (commencing with Section 60) is added to Division 1 of the Civil Code, to read:PART 2.8. Social Care Data Privacy
60.
For purposes of this part, all of the following definitions apply:(a) “Closed-loop referral system” or “CLRS” means a technology platform or network that does all of the following:
(1) Stores the social care information of one or more individuals.
(2) Enables the sharing of social care information with and between participating entities for the purpose of referring individuals for social care.
(3) Provides information to participating entities regarding the progress and outcomes of referrals for social care.
(b) “Participating entity” means an entity that meets all of the following:
(1) Provides social care or refers individuals for social care, including, but not limited to, a public agency, nonprofit organization, charitable organization, provider of health care, health care service plan, or CLRS technology vendor.
(2) Has the ability to create, receive, or update social care information in a CLRS.
(3) Has the ability to create, receive, or update referrals for social care in a CLRS.
(c) “Social care” means care, services, goods, or supplies related to an individual’s social needs. “Social care”
includes, but is not limited to, support and assistance for an individual’s food stability and nutritional needs, housing, transportation, economic stability, employment, education access and quality, childcare and family relationship needs, and environmental and physical safety.
(d) “Social care information” means both of the following regarding an individual:
(1) Any information, in any form, that relates to the need for, payment for, or provision of, social care to the individual.
(2) The individual’s personal information, as that term is defined in subdivision (v) of Section 1798.140 of the Civil Code.
61.
(a) Sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means, social care information stored in or transmitted through a closed-loop referral system in exchange for monetary or other valuable consideration.
(b) A participating entity shall not use Use social care information stored in, or transmitted through, a closed-loop referral system for any purpose or purposes other than the social care purpose or purposes for which that social care information was collected or generated, except as required by federal or state law. generated.
