California 2009-2010 Regular Session

California Assembly Bill AB2723 Latest Draft

Bill / Introduced Version Filed 02/19/2010

 BILL NUMBER: AB 2723INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Blumenfield FEBRUARY 19, 2010 An act to amend Section 130201 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST AB 2723, as introduced, Blumenfield. Medical information: integrity. 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, as defined, and to impose administrative fines for the unauthorized use of medical information. This bill would specify that the term "medical information" for these purposes includes personal health records and individually identifiable information. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 130201 of the Health and Safety Code is amended to read: 130201. For purposes of this division, the following definitions apply: (a) "Director" means the Director of the Office of Health Information Integrity. (b) "Medical information" means the term as defined in subdivision (g) of Section 56.05 of the Civil Code.  "Medical information" includes, but is not necessarily limited to, "personal health records" and "individually identifiable information" as those terms are used in Section 56.05 of the Civil Code.  (c) "Office" means the Office of Health Information Integrity. (d) "Provider of health care" means the term as defined in subdivision (j) of Section 56.05 and Section 56.06 of the Civil Code. (e) "Unauthorized access" means the inappropriate review or viewing of patient medical information without a direct need for diagnosis, treatment, or other lawful use as permitted by the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code) or by other statutes or regulations governing the lawful access, use, or disclosure of medical information.