Bill Text: CA AB2325 | 2015-2016 | Regular Session | Chaptered
Bill Title: Ken Maddy California Cancer Registry.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-14 - Chaptered by Secretary of State - Chapter 354, Statutes of 2016. [AB2325 Detail]
Download: California-2015-AB2325-Chaptered.html
BILL NUMBER: AB 2325 CHAPTERED
BILL TEXT
CHAPTER 354
FILED WITH SECRETARY OF STATE SEPTEMBER 14, 2016
APPROVED BY GOVERNOR SEPTEMBER 14, 2016
PASSED THE SENATE AUGUST 17, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN SENATE AUGUST 10, 2016
AMENDED IN SENATE JUNE 21, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN ASSEMBLY APRIL 5, 2016
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 18, 2016
An act to amend Section 103885 of the Health and Safety Code,
relating to cancer.
LEGISLATIVE COUNSEL'S DIGEST
AB 2325, Bonilla. 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. Existing law requires any hospital or
other facility providing therapy to cancer patients within a cancer
reporting area to report each case of cancer to the department or the
authorized representative of the department in a format prescribed
by the department. Existing law provides that if the hospital or
other facility fails to report in a format prescribed by the
department, the department's authorized representative is authorized
to access the information from the hospital or the facility and
report it in the appropriate format. In these cases, existing law
requires the hospital or other health facility to reimburse the
department or the authorized representative for its cost to access
and report the information. Existing law also requires any physician,
dentist, podiatrist, or other health care practitioner diagnosing or
providing treatment for cancer patients to report each cancer case
to the department or the authorized representative of the department,
except for those cases directly referred to a treatment facility or
those previously admitted to a treatment facility for diagnosis or
treatment of that instance of cancer.
This bill, on or after January 1, 2019, would, among other things,
require a pathologist diagnosing cancer to report cancer diagnoses
to the department by electronic means, including, but not limited to,
either directly from an electronic medical record or using a
designated Internet Web portal provided by the department. If a
pathologist fails to report electronically and with an approved
format, the bill would authorize the department's authorized
representative to access the information from the pathologist in an
appropriate alternative format. In these cases, the bill would
require the pathologist to reimburse the department or the authorized
representative for its cost to access and report the information.
The bill would require the department to prescribe the data required
to be included in the reports and to work collaboratively with
stakeholders to designate a standardized electronic format for
submission of the reports.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 103885 of the Health and Safety Code is amended
to read:
103885. (a) The director shall establish a statewide system for
the collection of information determining the incidence of cancer,
using population-based cancer registries modeled after the Cancer
Surveillance Program of Orange County. As of the effective date of
this section, the director shall begin phasing in the statewide
cancer reporting system. By July 1, 1988, all county or regional
registries shall be implemented or initiated. By July 1, 1990, the
statewide cancer reporting system shall be fully operational. Within
60 days of the effective date of this section, the director shall
submit an implementation and funding schedule to the Legislature.
(b) The department may designate any demographic parts of the
state as regional cancer incidence reporting areas and may establish
regional cancer registries, with the responsibility and authority to
carry out the intent of this section in designated areas. Designated
regional registries shall provide, on a timely basis, cancer
incidence data as designated by the state department to the
department. The department may establish a competitive process to
receive applications for, and issue, the award of a contract, grant,
or allocation of funds, including, but not limited to, a cooperative
agreement, subvention agreement, or any other agreement allowed by
law, to an agency, including, but not limited to, a health systems
agency, single county health department, multicounty health
department grouping, or nonprofit professional association to operate
the statewide cancer reporting system and to enter into contracts,
or issue grants or funding allocations to other agencies representing
a designated cancer reporting region for the purposes of collecting
and collating cancer incidence data. The award of these contracts,
grants, or funding allocations shall be exempt from Part 2
(commencing with Section 10100) of Division 2 of the Public Contract
Code. The department shall include appropriate terms and conditions
in a contract, grant, or funding allocation to ensure the proper use
of state funds, including provision for reimbursement of allowable
costs, financial reporting, program performance reporting, monitoring
of subgrants, subcontracts, or suballocations to an agency
representing a designated cancer reporting region, retention and
access requirements for records, data use and management, independent
auditing, termination, and disposition of assets acquired under the
contract, grant, or funding allocation.
(c) The director shall designate cancer as a disease required to
be reported in the state or any demographic parts of the state in
which cancer information is collected under this section. All cancers
diagnosed or treated in the reporting area shall thereafter be
reported to the representative of the department authorized to
compile the cancer data, or any individual, agency, or organization
designated to cooperate with that representative.
(d) (1) Any hospital or other facility providing therapy to cancer
patients within an area designated as a cancer reporting area shall
report each case of cancer to the department or the authorized
representative of the department in a format prescribed by the
department. If the hospital or other facility fails to report in a
format prescribed by the department, the department's authorized
representative may access the information from the hospital or the
facility and report it in the appropriate format. In these cases, the
hospital or other health facility shall reimburse the state
department or the authorized representative for its cost to access
and report the information.
(2) Any physician and surgeon, dentist, podiatrist, or other
health care practitioner diagnosing or providing treatment for cancer
patients shall report each cancer case to the department or the
authorized representative of the department, except for those cases
directly referred to a treatment facility or those previously
admitted to a treatment facility for diagnoses or treatment of that
instance of cancer.
(3) (A) On or after January 1, 2019, a pathologist diagnosing
cancer shall report cancer diagnoses to the department utilizing the
College of American Pathologists cancer protocols or any other
standardized format approved by the department.
(B) Reporting shall be by electronic means, including, but not
limited to, either directly from an electronic medical record or
using a designated Internet Web portal that the department shall
provide for pathologists' use. If a pathologist fails to report
electronically and with an approved format, the department's
authorized representative may access the information from the
pathologist in an appropriate alternative format. In these cases, the
pathologist shall reimburse the department or the authorized
representative for its cost to access and report the information.
(C) A pathologist shall not be responsible for acquiring missing
or inaccessible patient demographic information not provided to him
or her beyond the content of the required cancer-specific data
elements.
(D) For purposes of reports submitted pursuant to this paragraph,
the department shall prescribe the data required to be included in
the report, work collaboratively with stakeholders to designate a
standardized electronic format for submission, and designate an
Internet Web portal for electronic submission.
(E) This paragraph shall not be interpreted to require a
pathologist to submit the same pathology report to the department,
regardless of format, more than once. If a pathology report is
submitted by a pathologist electronically, pursuant to this
paragraph, the same pathology report is not required to be submitted
to the department by any other means.
(e) Any hospital or other facility that is required to reimburse
the department or its authorized representative for the cost to
access and report the information pursuant to subdivision (d) shall
provide payment to the department or its authorized representative
within 60 days of the date this payment is demanded. In the event any
hospital or other facility fails to make the payment to the
department or its authorized representative within 60 days of the
date the payment is demanded, the department or its authorized
representative may, at its discretion, assess a late fee not to
exceed 11/2 percent per month of the outstanding balance. Further, in
the event that the department or its authorized representative takes
a legal action to recover its costs and any associated fees, and the
department or its authorized representative receives a judgment in
its favor, the hospital or other facility shall also reimburse the
department or its authorized representative for any additional costs
it incurred to pursue the legal action. Late fees and payments made
to the department by hospitals or other facilities pursuant to this
subdivision shall be considered as reimbursements of the additional
costs incurred by the department.
(f) All physicians and surgeons, hospitals, outpatient clinics,
nursing homes and all other facilities, individuals, or agencies
providing diagnostic or treatment services to patients with cancer
shall 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. Willful failure to
grant access to those records shall be punishable by a fine of up to
five hundred dollars ($500) each day access is refused. Any fines
collected pursuant to this subdivision shall be deposited in the
General Fund.
(g) (1) Except as otherwise provided in this section, all
information collected pursuant to this section shall be confidential.
For purposes of this section, this information shall be referred to
as "confidential information."
(2) The department and any regional cancer registry designated by
the department shall use the information to determine the sources of
malignant neoplasms and evaluate measures designed to eliminate,
alleviate, or ameliorate their effect.
(3) Persons with a valid scientific interest who are engaged in
demographic, epidemiological, or other similar studies related to
health who meet qualifications as determined by the department, and
who agree, in writing, to maintain confidentiality, may be authorized
access to confidential information.
(4) The department and any regional cancer registry designated by
the department may enter into agreements to furnish confidential
information to other states' cancer registries, federal cancer
control agencies, local health officers, or health researchers for
the purposes of determining the sources of cancer and evaluating
measures designed to eliminate, alleviate, or ameliorate their
effect. Before confidential information is disclosed to those
agencies, officers, researchers, or out-of-state registries, the
requesting entity shall agree in writing to maintain the
confidentiality of the information, and in the case of researchers,
shall also do both of the following:
(A) Obtain approval of their committee for the protection of human
subjects established in accordance with Part 46 (commencing with
Section 46.101) of Title 45 of the Code of Federal Regulations.
(B) Provide documentation to the department that demonstrates to
the department's satisfaction that the entity has established the
procedures and ability to maintain the confidentiality of the
information.
(5) Notwithstanding any other law, any disclosure authorized by
this section shall include only the information necessary for the
stated purpose of the requested disclosure, used for the approved
purpose, and not be further disclosed.
(6) The furnishing of confidential information to the department
or its authorized representative in accordance with this section
shall not expose any person, agency, or entity furnishing information
to liability, and shall not be considered a waiver of any privilege
or a violation of a confidential relationship.
(7) The department shall maintain an accurate record of all
persons who are given access to confidential information. The record
shall include: the name of the person authorizing access; name,
title, address, and organizational affiliation of persons given
access; dates of access; and the specific purpose for which
information is to be used. The record of access shall be open to
public inspection during normal operating hours of the department.
(8) Notwithstanding any other law, no part of the confidential
information shall be available for subpoena, nor shall it be
disclosed, discoverable, or compelled to be produced in any civil,
criminal, administrative, or other proceeding, nor shall this
information be deemed admissible as evidence in any civil, criminal,
administrative, or other tribunal or court for any reason.
(9) Nothing in this subdivision shall prohibit the publication by
the department of reports and statistical compilations that do not in
any way identify individual cases or individual sources of
information.
(10) Notwithstanding the restrictions in this subdivision, the
individual to whom the information pertains shall have access to his
or her own information in accordance with Chapter 1 (commencing with
Section 1798) of Title 1.8 of the Civil Code.
(h) For the purpose of this section, "cancer" means either of the
following:
(1) All malignant neoplasms, regardless of the tissue of origin,
including malignant lymphoma, Hodgkins disease, and leukemia, but
excluding basal cell and squamous cell carcinoma of the skin.
(2) All primary intracranial and central nervous system (CNS)
tumors occurring in the following sites, irrespective of histologic
type: brain, meninges, spinal cord, caudae equina, cranial nerves and
other parts of the CNS, pituitary gland, pineal gland, and
craniopharyngeal duct.
(i) Nothing in this section shall preempt the authority of
facilities or individuals providing diagnostic or treatment services
to patients with cancer to maintain their own facility-based cancer
registries.
(j) It is the intent of the Legislature that the department, in
establishing a system pursuant to this section, maximize the use of
available federal funds.
