Bill Text: CA AB2747 | 2019-2020 | Regular Session | Introduced
Bill Title: Health data disclosure: health policy organizations and labor unions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-05 - Referred to Coms. on HEALTH and P. & C.P. [AB2747 Detail]
Download: California-2019-AB2747-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2747
Introduced by Assembly Member Santiago |
February 20, 2020 |
An act to amend Section 128766 of the Health and Safety Code, relating to health data.
LEGISLATIVE COUNSEL'S DIGEST
AB 2747, as introduced, Santiago.
Health data disclosure: health policy organizations and labor unions.
Existing law establishes the Office of Statewide Health Planning and Development in the California Health and Human Services Agency. Existing law requires an organization that operates, conducts, owns, or maintains a health facility, each hospital, and each general acute care hospital and freestanding ambulatory surgery clinic to make and file with the office certain information regarding patients that is recorded on a Hospital Discharge Abstract Data Record, an Emergency Care Data Record, and an Ambulatory Surgery Data Record, respectively, as described. The information includes, among other things, the date of birth, race, date of services, and principal diagnosis of the patient. Existing law requires the office to disclose this information to certain entities, including any California hospital and any local health department or local health officer in California, except as specified.
Existing law prohibits a hospital from disclosing that information except in response to a court order, search warrant, or subpoena, or as otherwise required or permitted by specified federal law.
This bill would also require the office to disclose the information to any nonprofit health policy organization and any labor union and would prohibit those entities from disclosing the information, as described above.
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.
Section 128766 of the Health and Safety Code is amended to read:128766.
(a) Notwithstanding Section 128765 or any other(b) Any hospital hospital, nonprofit health policy organization, or labor union that receives information pursuant to this section shall not disclose that information to any person or entity, except in response to a court order, search warrant, or subpoena, or as otherwise required or permitted by the federal medical privacy regulations contained in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. In no case shall a hospital,
nonprofit health policy organization, labor union, contractor, or subcontractor reidentify or attempt to reidentify any information received pursuant to this section.
(c) No disclosure shall Disclosure shall not be made pursuant to this section if the director of the office has determined that the disclosure would create an unreasonable risk to patient privacy. The director shall provide a written explanation of the determination to the requester within 60 days.