California 2021-2022 Regular Session

California Assembly Bill AB1436

Introduced
2/19/21  
Introduced
2/19/21  
Refer
3/11/21  
Report Pass
4/8/21  
Engrossed
4/15/21  
Engrossed
4/15/21  
Refer
4/15/21  
Refer
4/15/21  
Refer
5/12/21  
Report Pass
6/21/21  
Refer
6/21/21  
Refer
6/21/21  
Refer
6/24/21  
Refer
6/24/21  
Report Pass
6/30/21  
Refer
6/30/21  
Refer
6/30/21  
Report Pass
7/16/21  
Refer
7/16/21  
Refer
7/16/21  
Refer
8/16/21  

Caption

Information privacy: digital health feedback systems.

Impact

If enacted, AB 1436 would significantly impact how personal health record systems operate concerning consumer privacy. By mandating that such businesses obtain explicit consent from individuals before using or disclosing their health information, the bill aims to empower individuals to have greater control over their health data. This requirement aligns with the broader movement toward more stringent data privacy laws, recognizing the unique nature of health information in the digital landscape. However, it also may introduce additional compliance burdens for these businesses, potentially affecting their operations.

Summary

Assembly Bill 1436, introduced by Assembly Member Chau, addresses the growing concerns surrounding the management and privacy of personal health information in the digital age. The bill aims to enhance the protections outlined in the Confidentiality of Medical Information Act by expanding the definition of what constitutes personal health record information and establishing guidelines for its use and disclosure. Businesses offering personal health record systems are included under the act as providers of health care, thus holding them to the same standards of confidentiality required of traditional healthcare providers regarding patients' medical information.

Sentiment

The sentiment surrounding AB 1436 appears to be supportive among privacy advocates and organizations focused on health consumer rights. Proponents argue that the bill is a necessary measure to safeguard individuals' privacy in an increasingly interconnected health ecosystem. However, some industry stakeholders may express concerns regarding the administrative challenges and financial implications of adhering to the new regulations. The discourse indicates a general recognition of the need for reform in how health data is handled, balanced against the realities of operational impacts on businesses.

Contention

A notable point of contention within the discussions around AB 1436 revolves around the balance between protecting consumer rights and the potential regulatory burden placed on businesses. Stakeholders are divided on whether the benefits of increased privacy protections outweigh the costs of compliance and operational adjustments required by the legislation. Additionally, there may be discussions regarding the extent to which these privacy measures could limit innovations in health technology and data utilization, highlighting an ongoing debate about the future of healthcare in a data-driven world.

Companion Bills

No companion bills found.

Previously Filed As

CA AB254

Confidentiality of Medical Information Act: reproductive or sexual health application information.

CA AB352

Health information.

CA AB1697

Uniform Electronic Transactions Act.

CA AB2478

Incarcerated persons: health records.

CA SB1223

Consumer privacy: sensitive personal information: neural data.

CA SB582

Health information.

CA AB1008

California Consumer Privacy Act of 2018: personal information.

CA AB3260

Health care coverage: reviews and grievances.

CA AB947

California Consumer Privacy Act of 2018: sensitive personal information.

CA SB159

Health.

Similar Bills

CA AB384

Information privacy: digital health feedback systems.

CA AB2167

Information privacy: digital health feedback systems.

CA AB1252

Information privacy: digital health feedback systems.

CA AB2280

Information privacy: personal health record information: software or hardware.

CA AB254

Confidentiality of Medical Information Act: reproductive or sexual health application information.

CA AB2089

Privacy: mental health digital services: mental health application information.

CA SB1004

Confidentiality of Medical Information Act.

CA AB1184

Medical information: confidentiality.