Bill Text: CA AB1898 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Public health records: reporting: HIV/AIDS.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-25 - Chaptered by Secretary of State - Chapter 566, Statutes of 2014. [AB1898 Detail]

Download: California-2013-AB1898-Amended.html

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BILL NUMBER: AB 1898	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 18, 2014
	AMENDED IN ASSEMBLY  MAY 6, 2014

INTRODUCED BY   Assembly Member Brown

                        FEBRUARY 19, 2014

   An act to amend Section 121025 of the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1898, as amended, Brown. Public health records: reporting:
HIV/AIDS.
   Existing law, with specified exceptions, prohibits the disclosure
of public health records containing personally identifiable
information relating to human immunodeficiency virus (HIV) or
acquired immunodeficiency syndrome (AIDS) that were developed or
acquired by a state or local public health agency. Existing law
authorizes disclosure of these public health records if otherwise
provided by law for public health purposes, pursuant to a written
authorization by the person who is the subject of the record, or when
the confidential information is necessary to carry out the duties of
the public health agency or researcher in the investigation,
control, or surveillance of disease. Existing law requires these
authorized disclosures to include only the information necessary for
the purpose of that disclosure and to be made upon the agreement that
the information will be kept confidential and will not be further
disclosed without written authorization.
    Existing law provides exceptions to the above-described
requirements on the disclosure of information regarding public health
records relating to HIV or AIDS, and authorizes specified
disclosures of that information for the purpose of enhancing the
completeness of HIV/AIDS, tuberculosis, and sexually transmitted
disease coinfection reporting to the federal Centers for Disease
Control and Prevention (CDC), including authorizing local public
agency tuberculosis control staff to disclose the information to
certain state public health agency staff who may further disclose the
information to the CDC, as specified.
   This bill would require any disclosure authorized under these
provisions to include only the information necessary for the purpose
of that disclosure and to be made upon the agreement that the
information will be kept  confidential and will not be
further disclosed without written authorization.  
confidential. This bill would prohibit specified disclosures from
being made without writt   en authorization.  The bill
would include hepatitis B, hepatitis C, and meningococcal infection
for HIV/AIDS coinfection reporting to the CDC. The bill would
additionally authorize  , for purposes of the investigation,
control, or surveillance of HIV and its coinfection with hepatitis B,
hepatitis C, and meningococcal infection,  local public health
agency communicable disease staff to further disclose the information
to state public health agency  staff for the purpose of the
investigation, control, or surveillance of HIV and coinfection with
hepatitis B, hepatitis C, and meningococcal infection.  
staff, who may further disclose the information to the CDC, as
specified. 
   Existing law authorizes local public health agency sexually
transmitted disease control and tuberculosis control staff to
disclose the HIV/AIDS-related information to state or local public
health agency sexually transmitted disease control and tuberculosis
control staff, the HIV-positive person, or his or her health care
provider, for the purpose of facilitating appropriate medical care
and treatment of persons coinfected with HIV, tuberculosis, syphilis,
gonorrhea, or chlamydia.
   This bill would additionally authorize any local public health
agency sexually transmitted disease control, communicable disease
control, and tuberculosis staff to further disclose that information
to state or local public health agency sexually transmitted disease
control, communicable disease control, and tuberculosis staff for the
purpose of facilitating appropriate medical care and treatment of
persons coinfected with HIV, hepatitis B, hepatitis C, or
meningococcal infection, as specified.
   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 121025 of the Health and Safety Code is amended
to read:
   121025.  (a) Public health records relating to human
immunodeficiency virus (HIV) or acquired immunodeficiency syndrome
(AIDS), containing personally identifying information, that were
developed or acquired by a state or local public health agency, or an
agent of that agency, shall be confidential and shall not be
disclosed, except as otherwise provided by law for public health
purposes or pursuant to a written authorization by the person who is
the subject of the record or by his or her guardian or conservator.
   (b) In accordance with subdivision (g) of Section 121022, a state
or local public health agency, or an agent of that agency, may
disclose personally identifying information in public health records,
as described in subdivision (a), to other local, state, or federal
public health agencies or to corroborating medical researchers, when
the confidential information is necessary to carry out the duties of
the agency or researcher in the investigation, control, or
surveillance of disease, as determined by the state or local public
health agency. 
    (c) Any disclosures authorized by subdivision (a), (b), or this
subdivision shall include only the information necessary for the
purpose of that disclosure and shall be made only upon the agreement
that the information will be kept confidential as described in
subdivision (a). Except as provided in paragraphs (1) to (3),
inclusive, or as otherwise provided by law, any disclosure authorized
by subdivision (a) or (b) shall not be made without written
authorization as described in subdivision (a). Any unauthorized
further disclosure shall be subject to the penalties described in
subdivision (e).  
   (c) (1) 
    (1)    Notwithstanding any other law, the
following disclosures shall be authorized for the purpose of
enhancing the completeness of reporting to the federal Centers for
Disease Control and Prevention (CDC) of HIV/AIDS and coinfection with
tuberculosis, syphilis, gonorrhea, chlamydia, hepatitis B, hepatitis
C, and meningococcal infection:
   (A) The local public health agency HIV surveillance staff may
further disclose the information to the health care provider who
provides HIV care to the HIV-positive person who is the subject of
the record for the purpose of assisting in compliance with
subdivision (a) of Section 121022.
   (B) Local public health agency tuberculosis control staff may
further disclose the information to state public health agency
tuberculosis control staff, who may further disclose the information,
without disclosing patient identifying information, to the CDC, to
the extent the information is requested by the CDC and permitted by
subdivision (b), for purposes of the investigation, control, or
surveillance of HIV and tuberculosis coinfections.
   (C) Local public health agency sexually transmitted disease
control staff may further disclose the information to state public
health agency sexually transmitted disease control staff, who may
further disclose the information, without disclosing patient
identifying information, to the CDC, to the extent it is requested by
the CDC and permitted by subdivision (b), for the purposes of the
investigation, control, or surveillance of HIV and syphilis,
gonorrhea, or chlamydia coinfection.
   (D)  Local   For   purposes of the
investigation, control, or surveillance of HIV and its coinfection
with hepatitis B, hepatitis C, and meningococcal infection, local
 public health agency communicable disease staff may further
disclose the information to state public health agency  staff
for the purposes of the investigation, control, or surveillance of
HIV and coinfection with hepatitis B, hepatitis C, and meningococcal
infection.   staff, who may further disclose the
information, without disclosing patient identifying information, to
the CDC to the extent the information is requested by the CDC and
permitted by subdivision (b). 
   (2) Notwithstanding any other law, the following disclosures shall
be authorized for the purpose of facilitating appropriate HIV/AIDS
medical care and treatment:
   (A) State public health agency HIV surveillance staff, AIDS Drug
Assistance Program staff, and care services staff may further
disclose the information to local public health agency staff, who may
further disclose the information to the HIV-positive person who is
the subject of the record, or the health care provider who provides
his or her HIV care, for the purpose of proactively offering and
coordinating care and treatment services to him or her.
   (B) AIDS Drug Assistance Program staff and care services staff in
the State Department of Public Health may further disclose the
information directly to the HIV-positive person who is the subject of
the record or the health care provider who provides his or her HIV
care, for the purpose of proactively offering and coordinating care
and treatment services to him or her.
   (C) Local public health agency staff may further disclose acquired
or developed information to the HIV-positive person who is the
subject of the record or the health care provider who provides his or
her HIV care for the purpose of proactively offering and
coordinating care and treatment services to him or her.
   (3) Notwithstanding any other law, for the purpose of facilitating
appropriate medical care and treatment of persons coinfected with
HIV and tuberculosis, syphilis, gonorrhea, chlamydia, hepatitis B,
hepatitis C, or meningococcal infection, local public health agency
sexually transmitted disease control, communicable disease control,
and tuberculosis control staff may further disclose the information
to state or local public health agency sexually transmitted disease
control, communicable disease control, and tuberculosis control
staff, the HIV-positive person who is the subject of the record, or
the health care provider who provides his or her HIV, tuberculosis,
hepatitis B, hepatitis C, meningococcal infection, and sexually
transmitted disease  control  care.
   (4) For the purposes of paragraphs (2) and (3), "staff" shall not
include nongovernmental entities, but shall include state and local
contracted employees who work within state and local public health
departments.
   (d) A confidential public health record, as defined in subdivision
(c) of Section 121035, shall not be disclosed, discoverable, or
compelled to be produced in any civil, criminal, administrative, or
other proceeding.
   (e) (1) A person who negligently discloses the content of a
confidential public health record, as defined in subdivision (c) of
Section 121035, to a third party, except pursuant to a written
authorization, as described in subdivision (a), or as otherwise
authorized by law, shall be subject to a civil penalty in an amount
not to exceed five thousand dollars ($5,000), plus court costs, as
determined by the court. The penalty and costs shall be paid to the
person whose record was disclosed.
   (2) A person who willfully or maliciously discloses the content of
any confidential public health record, as defined in subdivision (c)
of Section 121035, to a third party, except pursuant to a written
authorization, or as otherwise authorized by law, shall be subject to
a civil penalty in an amount not less than five thousand dollars
($5,000) and not more than twenty-five thousand dollars ($25,000),
plus court costs, as determined by the court. The penalty and costs
shall be paid to the person whose confidential public health record
was disclosed.
   (3) A person who willfully, maliciously, or negligently discloses
the content of a confidential public health record, as defined in
subdivision (c) of Section 121035, to a third party, except pursuant
to a written authorization, or as otherwise authorized by law, that
results in economic, bodily, or psychological harm to the person
whose confidential public health record was disclosed, is guilty of a
misdemeanor, punishable by imprisonment in a county jail for a
period not to exceed one year, or a fine of not to exceed twenty-five
thousand dollars ($25,000), or both, plus court costs, as determined
by the court. The penalty and costs shall be paid to the person
whose confidential public health record was disclosed.
   (4) A person who commits an act described in paragraph (1), (2),
or (3), shall be liable to the person whose confidential public
health record was disclosed for all actual damages for economic,
bodily, or psychological harm that is a proximate result of the act.
   (5) Each violation of this section is a separate and actionable
offense.
   (6) This section does not limit or expand the right of an injured
person whose confidential public health record was disclosed to
recover damages under any other applicable law.
   (f) In the event that a confidential public health record, as
defined in subdivision (c) of Section 121035, is disclosed, the
information shall not be used to determine employability, or
insurability of a person. 
   (g) Any disclosure authorized by subdivision (a), (b), or (c)
shall include only the information necessary for the purpose of that
disclosure and shall be made only upon the agreement that the
information (1) will be kept confidential and (2) will not be further
disclosed without written authorization, as described in subdivision
(a). Any unauthorized further disclosure will be subject to the
penalties described in subdivision (e).