| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2747Introduced by Assembly Member SantiagoFebruary 20, 2020 An act to amend Section 128766 of the Health and Safety Code, relating to health data. LEGISLATIVE COUNSEL'S DIGESTAB 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: NO Bill TextThe 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 provision of law, the office, upon request, shall disclose information collected pursuant to subdivision (g) of Section 128735 and Sections 128736 and 128737, to any California hospital and hospital, any local health department or local health officer in California as set forth in Part 3 (commencing with Section 101000) of Division 101. 101, any nonprofit health policy organization, and any labor union. The office shall disclose this same information to the United States Department of Health and Human Services or any of its subsidiary agencies, including the National Center for Health Statistics or any other unit of the federal Centers for Disease Control and Prevention, the Agency for Healthcare Research and Quality, the Centers for Medicare and Medicaid Services, the Health Resources and Services Administration, the Indian Health Service, Tribal Epidemiology Centers, which are defined as public health authorities pursuant to the federal Indian Health Care Improvement Act (25 U.S.C. Sec. 1601 et seq.), the National Institutes of Health, or the National Cancer Institute, or the Veterans Health Care Administration within the United States Department of Veterans Affairs, for the purposes of conducting a statutorily authorized activity. All disclosures made pursuant to this section shall be consistent with the standards and limitations applicable to the disclosure of limited data sets as provided in Section 164.514 of Part 164 of Title 45 of the Code of Federal Regulations, relating to the privacy of health information.(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. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2747Introduced by Assembly Member SantiagoFebruary 20, 2020 An act to amend Section 128766 of the Health and Safety Code, relating to health data. LEGISLATIVE COUNSEL'S DIGESTAB 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: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 2747 |
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| 15 | 15 | | Introduced by Assembly Member SantiagoFebruary 20, 2020 |
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| 17 | 17 | | Introduced by Assembly Member Santiago |
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| 18 | 18 | | February 20, 2020 |
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| 20 | 20 | | An act to amend Section 128766 of the Health and Safety Code, relating to health data. |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 26 | 26 | | AB 2747, as introduced, Santiago. Health data disclosure: health policy organizations and labor unions. |
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| 28 | 28 | | 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. |
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| 30 | 30 | | 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. |
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| 32 | 32 | | 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. |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | 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 provision of law, the office, upon request, shall disclose information collected pursuant to subdivision (g) of Section 128735 and Sections 128736 and 128737, to any California hospital and hospital, any local health department or local health officer in California as set forth in Part 3 (commencing with Section 101000) of Division 101. 101, any nonprofit health policy organization, and any labor union. The office shall disclose this same information to the United States Department of Health and Human Services or any of its subsidiary agencies, including the National Center for Health Statistics or any other unit of the federal Centers for Disease Control and Prevention, the Agency for Healthcare Research and Quality, the Centers for Medicare and Medicaid Services, the Health Resources and Services Administration, the Indian Health Service, Tribal Epidemiology Centers, which are defined as public health authorities pursuant to the federal Indian Health Care Improvement Act (25 U.S.C. Sec. 1601 et seq.), the National Institutes of Health, or the National Cancer Institute, or the Veterans Health Care Administration within the United States Department of Veterans Affairs, for the purposes of conducting a statutorily authorized activity. All disclosures made pursuant to this section shall be consistent with the standards and limitations applicable to the disclosure of limited data sets as provided in Section 164.514 of Part 164 of Title 45 of the Code of Federal Regulations, relating to the privacy of health information.(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. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 128766 of the Health and Safety Code is amended to read:128766. (a) Notwithstanding Section 128765 or any other provision of law, the office, upon request, shall disclose information collected pursuant to subdivision (g) of Section 128735 and Sections 128736 and 128737, to any California hospital and hospital, any local health department or local health officer in California as set forth in Part 3 (commencing with Section 101000) of Division 101. 101, any nonprofit health policy organization, and any labor union. The office shall disclose this same information to the United States Department of Health and Human Services or any of its subsidiary agencies, including the National Center for Health Statistics or any other unit of the federal Centers for Disease Control and Prevention, the Agency for Healthcare Research and Quality, the Centers for Medicare and Medicaid Services, the Health Resources and Services Administration, the Indian Health Service, Tribal Epidemiology Centers, which are defined as public health authorities pursuant to the federal Indian Health Care Improvement Act (25 U.S.C. Sec. 1601 et seq.), the National Institutes of Health, or the National Cancer Institute, or the Veterans Health Care Administration within the United States Department of Veterans Affairs, for the purposes of conducting a statutorily authorized activity. All disclosures made pursuant to this section shall be consistent with the standards and limitations applicable to the disclosure of limited data sets as provided in Section 164.514 of Part 164 of Title 45 of the Code of Federal Regulations, relating to the privacy of health information.(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. |
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| 46 | 46 | | SECTION 1. Section 128766 of the Health and Safety Code is amended to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 128766. (a) Notwithstanding Section 128765 or any other provision of law, the office, upon request, shall disclose information collected pursuant to subdivision (g) of Section 128735 and Sections 128736 and 128737, to any California hospital and hospital, any local health department or local health officer in California as set forth in Part 3 (commencing with Section 101000) of Division 101. 101, any nonprofit health policy organization, and any labor union. The office shall disclose this same information to the United States Department of Health and Human Services or any of its subsidiary agencies, including the National Center for Health Statistics or any other unit of the federal Centers for Disease Control and Prevention, the Agency for Healthcare Research and Quality, the Centers for Medicare and Medicaid Services, the Health Resources and Services Administration, the Indian Health Service, Tribal Epidemiology Centers, which are defined as public health authorities pursuant to the federal Indian Health Care Improvement Act (25 U.S.C. Sec. 1601 et seq.), the National Institutes of Health, or the National Cancer Institute, or the Veterans Health Care Administration within the United States Department of Veterans Affairs, for the purposes of conducting a statutorily authorized activity. All disclosures made pursuant to this section shall be consistent with the standards and limitations applicable to the disclosure of limited data sets as provided in Section 164.514 of Part 164 of Title 45 of the Code of Federal Regulations, relating to the privacy of health information.(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. |
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| 52 | 52 | | 128766. (a) Notwithstanding Section 128765 or any other provision of law, the office, upon request, shall disclose information collected pursuant to subdivision (g) of Section 128735 and Sections 128736 and 128737, to any California hospital and hospital, any local health department or local health officer in California as set forth in Part 3 (commencing with Section 101000) of Division 101. 101, any nonprofit health policy organization, and any labor union. The office shall disclose this same information to the United States Department of Health and Human Services or any of its subsidiary agencies, including the National Center for Health Statistics or any other unit of the federal Centers for Disease Control and Prevention, the Agency for Healthcare Research and Quality, the Centers for Medicare and Medicaid Services, the Health Resources and Services Administration, the Indian Health Service, Tribal Epidemiology Centers, which are defined as public health authorities pursuant to the federal Indian Health Care Improvement Act (25 U.S.C. Sec. 1601 et seq.), the National Institutes of Health, or the National Cancer Institute, or the Veterans Health Care Administration within the United States Department of Veterans Affairs, for the purposes of conducting a statutorily authorized activity. All disclosures made pursuant to this section shall be consistent with the standards and limitations applicable to the disclosure of limited data sets as provided in Section 164.514 of Part 164 of Title 45 of the Code of Federal Regulations, relating to the privacy of health information.(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. |
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| 54 | 54 | | 128766. (a) Notwithstanding Section 128765 or any other provision of law, the office, upon request, shall disclose information collected pursuant to subdivision (g) of Section 128735 and Sections 128736 and 128737, to any California hospital and hospital, any local health department or local health officer in California as set forth in Part 3 (commencing with Section 101000) of Division 101. 101, any nonprofit health policy organization, and any labor union. The office shall disclose this same information to the United States Department of Health and Human Services or any of its subsidiary agencies, including the National Center for Health Statistics or any other unit of the federal Centers for Disease Control and Prevention, the Agency for Healthcare Research and Quality, the Centers for Medicare and Medicaid Services, the Health Resources and Services Administration, the Indian Health Service, Tribal Epidemiology Centers, which are defined as public health authorities pursuant to the federal Indian Health Care Improvement Act (25 U.S.C. Sec. 1601 et seq.), the National Institutes of Health, or the National Cancer Institute, or the Veterans Health Care Administration within the United States Department of Veterans Affairs, for the purposes of conducting a statutorily authorized activity. All disclosures made pursuant to this section shall be consistent with the standards and limitations applicable to the disclosure of limited data sets as provided in Section 164.514 of Part 164 of Title 45 of the Code of Federal Regulations, relating to the privacy of health information.(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. |
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| 58 | 58 | | 128766. (a) Notwithstanding Section 128765 or any other provision of law, the office, upon request, shall disclose information collected pursuant to subdivision (g) of Section 128735 and Sections 128736 and 128737, to any California hospital and hospital, any local health department or local health officer in California as set forth in Part 3 (commencing with Section 101000) of Division 101. 101, any nonprofit health policy organization, and any labor union. The office shall disclose this same information to the United States Department of Health and Human Services or any of its subsidiary agencies, including the National Center for Health Statistics or any other unit of the federal Centers for Disease Control and Prevention, the Agency for Healthcare Research and Quality, the Centers for Medicare and Medicaid Services, the Health Resources and Services Administration, the Indian Health Service, Tribal Epidemiology Centers, which are defined as public health authorities pursuant to the federal Indian Health Care Improvement Act (25 U.S.C. Sec. 1601 et seq.), the National Institutes of Health, or the National Cancer Institute, or the Veterans Health Care Administration within the United States Department of Veterans Affairs, for the purposes of conducting a statutorily authorized activity. All disclosures made pursuant to this section shall be consistent with the standards and limitations applicable to the disclosure of limited data sets as provided in Section 164.514 of Part 164 of Title 45 of the Code of Federal Regulations, relating to the privacy of health information. |
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| 60 | 60 | | (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. |
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| 62 | 62 | | (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. |
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