California 2021-2022 Regular Session

California Assembly Bill AB2655 Latest Draft

Bill / Amended Version Filed 04/21/2022

                            Amended IN  Assembly  April 21, 2022 Amended IN  Assembly  March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2655Introduced by Assembly Member Blanca Rubio(Coauthor: Assembly Member Wood)February 18, 2022 An act to add Section 120131 to Part 7.5 (commencing with Section 101999) to Division 101 of the Health and Safety Code, relating to health.LEGISLATIVE COUNSEL'S DIGESTAB 2655, as amended, Blanca Rubio. Multicultural health.Existing law establishes the Department of Health Care Access and Information 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 department to disclose this information to certain entities, including, among others, any California hospital and tribal epidemiology centers, except as specified. Existing law prohibits those entities 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.Existing law also requires the State Department of Public Health to establish a list of reportable communicable and noncommunicable diseases and conditions and specify the timeliness requirements related to the reporting of each disease and condition. Existing law also requires the State Department of Public Health to collect data on coccidioidomycosis cases from the California Reportable Disease Information Exchange (CalREDIE) system and any other electronic data system used by a local health department.This bill would require the State Department of Public Health to provide enter into a data sharing agreement with the California Tribal Epidemiology Center (CTEC) with access to the CalREDIE system and the California Immunization Registry systems no later than January 1, 2023, and would prohibit the CTEC from disclosing the information, as described above.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Part 7.5 (commencing with Section 101999) is added to Division 101 of the Health and Safety Code, to read:PART 7.5. California Tribal Epidemiology Center101999. (a) The State Department of Public Health shall enter into a data sharing agreement with the California Tribal Epidemiology Center for access to and use of the California Reportable Disease Information Exchange (CalREDIE) and the California Immunization Registry systems no later than January 1, 2023.(b) The California Tribal Epidemiology Center shall not disclose any information it receives pursuant to this section 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.SECTION 1.Section 120131 is added to the Health and Safety Code, to read:120131.(a)The department shall grant the California Tribal Epidemiology Center access to the California Reportable Disease Information Exchange (CalREDIE) system no later than January 1, 2023.(b)The California Tribal Epidemiology Center shall not disclose any information it receives pursuant to this section 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, contractor, or subcontractor reidentify or attempt to reidentify any information received pursuant to this section.(c)No disclosure shall be made pursuant to this section if the director of the department 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.

 Amended IN  Assembly  April 21, 2022 Amended IN  Assembly  March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2655Introduced by Assembly Member Blanca Rubio(Coauthor: Assembly Member Wood)February 18, 2022 An act to add Section 120131 to Part 7.5 (commencing with Section 101999) to Division 101 of the Health and Safety Code, relating to health.LEGISLATIVE COUNSEL'S DIGESTAB 2655, as amended, Blanca Rubio. Multicultural health.Existing law establishes the Department of Health Care Access and Information 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 department to disclose this information to certain entities, including, among others, any California hospital and tribal epidemiology centers, except as specified. Existing law prohibits those entities 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.Existing law also requires the State Department of Public Health to establish a list of reportable communicable and noncommunicable diseases and conditions and specify the timeliness requirements related to the reporting of each disease and condition. Existing law also requires the State Department of Public Health to collect data on coccidioidomycosis cases from the California Reportable Disease Information Exchange (CalREDIE) system and any other electronic data system used by a local health department.This bill would require the State Department of Public Health to provide enter into a data sharing agreement with the California Tribal Epidemiology Center (CTEC) with access to the CalREDIE system and the California Immunization Registry systems no later than January 1, 2023, and would prohibit the CTEC from disclosing the information, as described above.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Assembly  April 21, 2022 Amended IN  Assembly  March 24, 2022

Amended IN  Assembly  April 21, 2022
Amended IN  Assembly  March 24, 2022

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 2655

Introduced by Assembly Member Blanca Rubio(Coauthor: Assembly Member Wood)February 18, 2022

Introduced by Assembly Member Blanca Rubio(Coauthor: Assembly Member Wood)
February 18, 2022

 An act to add Section 120131 to Part 7.5 (commencing with Section 101999) to Division 101 of the Health and Safety Code, relating to health.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2655, as amended, Blanca Rubio. Multicultural health.

Existing law establishes the Department of Health Care Access and Information 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 department to disclose this information to certain entities, including, among others, any California hospital and tribal epidemiology centers, except as specified. Existing law prohibits those entities 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.Existing law also requires the State Department of Public Health to establish a list of reportable communicable and noncommunicable diseases and conditions and specify the timeliness requirements related to the reporting of each disease and condition. Existing law also requires the State Department of Public Health to collect data on coccidioidomycosis cases from the California Reportable Disease Information Exchange (CalREDIE) system and any other electronic data system used by a local health department.This bill would require the State Department of Public Health to provide enter into a data sharing agreement with the California Tribal Epidemiology Center (CTEC) with access to the CalREDIE system and the California Immunization Registry systems no later than January 1, 2023, and would prohibit the CTEC from disclosing the information, as described above.

Existing law establishes the Department of Health Care Access and Information 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 department to disclose this information to certain entities, including, among others, any California hospital and tribal epidemiology centers, except as specified. Existing law prohibits those entities 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.

Existing law also requires the State Department of Public Health to establish a list of reportable communicable and noncommunicable diseases and conditions and specify the timeliness requirements related to the reporting of each disease and condition. Existing law also requires the State Department of Public Health to collect data on coccidioidomycosis cases from the California Reportable Disease Information Exchange (CalREDIE) system and any other electronic data system used by a local health department.

This bill would require the State Department of Public Health to provide enter into a data sharing agreement with the California Tribal Epidemiology Center (CTEC) with access to the CalREDIE system and the California Immunization Registry systems no later than January 1, 2023, and would prohibit the CTEC from disclosing the information, as described above.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Part 7.5 (commencing with Section 101999) is added to Division 101 of the Health and Safety Code, to read:PART 7.5. California Tribal Epidemiology Center101999. (a) The State Department of Public Health shall enter into a data sharing agreement with the California Tribal Epidemiology Center for access to and use of the California Reportable Disease Information Exchange (CalREDIE) and the California Immunization Registry systems no later than January 1, 2023.(b) The California Tribal Epidemiology Center shall not disclose any information it receives pursuant to this section 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.SECTION 1.Section 120131 is added to the Health and Safety Code, to read:120131.(a)The department shall grant the California Tribal Epidemiology Center access to the California Reportable Disease Information Exchange (CalREDIE) system no later than January 1, 2023.(b)The California Tribal Epidemiology Center shall not disclose any information it receives pursuant to this section 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, contractor, or subcontractor reidentify or attempt to reidentify any information received pursuant to this section.(c)No disclosure shall be made pursuant to this section if the director of the department 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.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Part 7.5 (commencing with Section 101999) is added to Division 101 of the Health and Safety Code, to read:PART 7.5. California Tribal Epidemiology Center101999. (a) The State Department of Public Health shall enter into a data sharing agreement with the California Tribal Epidemiology Center for access to and use of the California Reportable Disease Information Exchange (CalREDIE) and the California Immunization Registry systems no later than January 1, 2023.(b) The California Tribal Epidemiology Center shall not disclose any information it receives pursuant to this section 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.

SECTION 1. Part 7.5 (commencing with Section 101999) is added to Division 101 of the Health and Safety Code, to read:

### SECTION 1.

PART 7.5. California Tribal Epidemiology Center101999. (a) The State Department of Public Health shall enter into a data sharing agreement with the California Tribal Epidemiology Center for access to and use of the California Reportable Disease Information Exchange (CalREDIE) and the California Immunization Registry systems no later than January 1, 2023.(b) The California Tribal Epidemiology Center shall not disclose any information it receives pursuant to this section 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.

PART 7.5. California Tribal Epidemiology Center101999. (a) The State Department of Public Health shall enter into a data sharing agreement with the California Tribal Epidemiology Center for access to and use of the California Reportable Disease Information Exchange (CalREDIE) and the California Immunization Registry systems no later than January 1, 2023.(b) The California Tribal Epidemiology Center shall not disclose any information it receives pursuant to this section 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.

PART 7.5. California Tribal Epidemiology Center

PART 7.5. California Tribal Epidemiology Center

101999. (a) The State Department of Public Health shall enter into a data sharing agreement with the California Tribal Epidemiology Center for access to and use of the California Reportable Disease Information Exchange (CalREDIE) and the California Immunization Registry systems no later than January 1, 2023.(b) The California Tribal Epidemiology Center shall not disclose any information it receives pursuant to this section 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.



101999. (a) The State Department of Public Health shall enter into a data sharing agreement with the California Tribal Epidemiology Center for access to and use of the California Reportable Disease Information Exchange (CalREDIE) and the California Immunization Registry systems no later than January 1, 2023.

(b) The California Tribal Epidemiology Center shall not disclose any information it receives pursuant to this section 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.





(a)The department shall grant the California Tribal Epidemiology Center access to the California Reportable Disease Information Exchange (CalREDIE) system no later than January 1, 2023.



(b)The California Tribal Epidemiology Center shall not disclose any information it receives pursuant to this section 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, contractor, or subcontractor reidentify or attempt to reidentify any information received pursuant to this section.



(c)No disclosure shall be made pursuant to this section if the director of the department 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.