| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | Amended IN Senate June 29, 2023 Amended IN Assembly April 27, 2023 Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1011Introduced by Assembly Member WeberFebruary 15, 2023An act to add Part 2.8 (commencing with Section 60) to Division 1 of the Civil Code, relating to social care.LEGISLATIVE COUNSEL'S DIGESTAB 1011, as amended, Weber. Social care: data privacy.Existing federal law, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), establishes certain requirements relating to the provision of health insurance, including provisions relating to the confidentiality of health records. Existing state law, the Confidentiality of Medical Information Act, prohibits a provider of health care, a health care service plan, a contractor, a corporation and its subsidiaries and affiliates, or any business that offers software or hardware to consumers, including a mobile application or other related device, as defined, from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, except as provided.This bill would prohibit a participating entity of a closed-loop referral system (CLRS) from selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, social care information stored in or transmitted through a CLRS in exchange for monetary or other valuable consideration. The bill would further prohibit a participating entity from using social care information stored in, or transmitted through, a CLRS for any purpose or purposes other than the social care purpose or purposes for which that social care information was collected or generated, except as specified. The bill would define social care to mean any care, services, goods, or supplies related to an individuals social needs, including, but not limited to, support and assistance for an individuals food stability and nutritional needs, housing, transportation, economic stability, employment, education access and quality, childcare and family relationship needs, and environmental and physical safety. The bill would also define social care information to mean any information, in any form, that relates to the need for, payment for, or provision of, social care, and the individuals personal information, as specified.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. Part 2.8 (commencing with Section 60) is added to Division 1 of the Civil Code, to read:PART 2.8. Social Care Data Privacy60. For purposes of this part, all of the following definitions apply:(a) Closed-loop referral system or CLRS means a technology platform or network that does all of the following:(1) Stores the social care information of one or more individuals.(2) Enables the sharing of social care information with and between participating entities for the purpose of referring individuals for social care.(3) Provides information to participating entities regarding the progress and outcomes of referrals for social care.(b) Participating entity means an entity that meets all of the following:(1) Provides social care or refers individuals for social care, including, but not limited to, a public agency, nonprofit organization, charitable organization, provider of health care, health care service plan, or CLRS technology vendor.(2) Has the ability to create, receive, or update social care information in a CLRS.(3) Has the ability to create, receive, or update referrals for social care in a CLRS.(c) Social care means care, services, goods, or supplies related to an individuals social needs. Social care includes, but is not limited to, support and assistance for an individuals food stability and nutritional needs, housing, transportation, economic stability, employment, education access and quality, childcare and family relationship needs, and environmental and physical safety.(d) Social care information means both of the following regarding an individual:(1) Any information, in any form, that relates to the need for, payment for, or provision of, social care to the individual.(2) The individuals personal information, as that term is defined in subdivision (v) of Section 1798.140 of the Civil Code.61. (a) A participating entity shall not sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means, social care information stored in or transmitted through a closed-loop referral system in exchange for monetary or other valuable consideration.(b) A participating entity shall not use social care information stored in, or transmitted through, a closed-loop referral system for any purpose or purposes other than the social care purpose or purposes for which that social care information was collected or generated, except as required by federal law or as authorized or required by or state law.62. Nothing in this part affects any obligations imposed by other applicable laws. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate June 29, 2023 Amended IN Assembly April 27, 2023 Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1011Introduced by Assembly Member WeberFebruary 15, 2023An act to add Part 2.8 (commencing with Section 60) to Division 1 of the Civil Code, relating to social care.LEGISLATIVE COUNSEL'S DIGESTAB 1011, as amended, Weber. Social care: data privacy.Existing federal law, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), establishes certain requirements relating to the provision of health insurance, including provisions relating to the confidentiality of health records. Existing state law, the Confidentiality of Medical Information Act, prohibits a provider of health care, a health care service plan, a contractor, a corporation and its subsidiaries and affiliates, or any business that offers software or hardware to consumers, including a mobile application or other related device, as defined, from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, except as provided.This bill would prohibit a participating entity of a closed-loop referral system (CLRS) from selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, social care information stored in or transmitted through a CLRS in exchange for monetary or other valuable consideration. The bill would further prohibit a participating entity from using social care information stored in, or transmitted through, a CLRS for any purpose or purposes other than the social care purpose or purposes for which that social care information was collected or generated, except as specified. The bill would define social care to mean any care, services, goods, or supplies related to an individuals social needs, including, but not limited to, support and assistance for an individuals food stability and nutritional needs, housing, transportation, economic stability, employment, education access and quality, childcare and family relationship needs, and environmental and physical safety. The bill would also define social care information to mean any information, in any form, that relates to the need for, payment for, or provision of, social care, and the individuals personal information, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate June 29, 2023 Amended IN Assembly April 27, 2023 Amended IN Assembly March 16, 2023 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate August 14, 2023 | |
| 8 | 7 | Amended IN Senate June 29, 2023 | |
| 9 | 8 | Amended IN Assembly April 27, 2023 | |
| 10 | 9 | Amended IN Assembly March 16, 2023 | |
| 11 | 10 | ||
| 12 | 11 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 13 | 12 | ||
| 14 | 13 | Assembly Bill | |
| 15 | 14 | ||
| 16 | 15 | No. 1011 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member WeberFebruary 15, 2023 | |
| 19 | 18 | ||
| 20 | 19 | Introduced by Assembly Member Weber | |
| 21 | 20 | February 15, 2023 | |
| 22 | 21 | ||
| 23 | 22 | An act to add Part 2.8 (commencing with Section 60) to Division 1 of the Civil Code, relating to social care. | |
| 24 | 23 | ||
| 25 | 24 | LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 27 | ||
| 29 | 28 | AB 1011, as amended, Weber. Social care: data privacy. | |
| 30 | 29 | ||
| 31 | - | Existing federal law, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), establishes certain requirements relating to the provision of health insurance, including provisions relating to the confidentiality of health records. Existing state law, the Confidentiality of Medical Information Act, prohibits a provider of health care, a health care service plan, a contractor, a corporation and its subsidiaries and affiliates, or any business that offers software or hardware to consumers, including a mobile application or other related device, as defined, from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, except as provided.This bill would prohibit a participating entity of a closed-loop referral system (CLRS) from selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, social care information stored in or transmitted through a CLRS in exchange for monetary or other valuable consideration. | |
| 30 | + | Existing federal law, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), establishes certain requirements relating to the provision of health insurance, including provisions relating to the confidentiality of health records. Existing state law, the Confidentiality of Medical Information Act, prohibits a provider of health care, a health care service plan, a contractor, a corporation and its subsidiaries and affiliates, or any business that offers software or hardware to consumers, including a mobile application or other related device, as defined, from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, except as provided.This bill would prohibit a participating entity of a closed-loop referral system (CLRS) from selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, social care information stored in or transmitted through a CLRS in exchange for monetary or other valuable consideration. The bill would further prohibit a participating entity from using social care information stored in, or transmitted through, a CLRS for any purpose or purposes other than the social care purpose or purposes for which that social care information was collected or generated, except as specified. The bill would define social care to mean any care, services, goods, or supplies related to an individuals social needs, including, but not limited to, support and assistance for an individuals food stability and nutritional needs, housing, transportation, economic stability, employment, education access and quality, childcare and family relationship needs, and environmental and physical safety. The bill would also define social care information to mean any information, in any form, that relates to the need for, payment for, or provision of, social care, and the individuals personal information, as specified. | |
| 32 | 31 | ||
| 33 | 32 | Existing federal law, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), establishes certain requirements relating to the provision of health insurance, including provisions relating to the confidentiality of health records. Existing state law, the Confidentiality of Medical Information Act, prohibits a provider of health care, a health care service plan, a contractor, a corporation and its subsidiaries and affiliates, or any business that offers software or hardware to consumers, including a mobile application or other related device, as defined, from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, except as provided. | |
| 34 | 33 | ||
| 35 | - | This bill would prohibit a participating entity of a closed-loop referral system (CLRS) from selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, social care information stored in or transmitted through a CLRS in exchange for monetary or other valuable consideration | |
| 34 | + | This bill would prohibit a participating entity of a closed-loop referral system (CLRS) from selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, social care information stored in or transmitted through a CLRS in exchange for monetary or other valuable consideration. The bill would further prohibit a participating entity from using social care information stored in, or transmitted through, a CLRS for any purpose or purposes other than the social care purpose or purposes for which that social care information was collected or generated, except as specified. The bill would define social care to mean any care, services, goods, or supplies related to an individuals social needs, including, but not limited to, support and assistance for an individuals food stability and nutritional needs, housing, transportation, economic stability, employment, education access and quality, childcare and family relationship needs, and environmental and physical safety. The bill would also define social care information to mean any information, in any form, that relates to the need for, payment for, or provision of, social care, and the individuals personal information, as specified. | |
| 36 | 35 | ||
| 37 | 36 | ## Digest Key | |
| 38 | 37 | ||
| 39 | 38 | ## Bill Text | |
| 40 | 39 | ||
| 41 | - | The people of the State of California do enact as follows:SECTION 1. Part 2.8 (commencing with Section 60) is added to Division 1 of the Civil Code, to read:PART 2.8. Social Care Data Privacy60. For purposes of this part, all of the following definitions apply:(a) Closed-loop referral system or CLRS means a technology platform or network that does all of the following:(1) Stores the social care information of one or more individuals.(2) Enables the sharing of social care information with and between participating entities for the purpose of referring individuals for social care.(3) Provides information to participating entities regarding the progress and outcomes of referrals for social care.(b) Participating entity means an entity that meets all of the following:(1) Provides social care or refers individuals for social care, including, but not limited to, a public agency, nonprofit organization, charitable organization, provider of health care, health care service plan, or CLRS technology vendor.(2) Has the ability to create, receive, or update social care information in a CLRS.(3) Has the ability to create, receive, or update referrals for social care in a CLRS.(c) Social care means care, services, goods, or supplies related to an individuals social needs. Social care includes, but is not limited to, support and assistance for an individuals food stability and nutritional needs, housing, transportation, economic stability, employment, education access and quality, childcare and family relationship needs, and environmental and physical safety.(d) Social care information means both of the following regarding an individual:(1) Any information, in any form, that relates to the need for, payment for, or provision of, social care to the individual.(2) The individuals personal information, as that term is defined in subdivision (v) of Section 1798.140 of the Civil Code.61. (a) | |
| 40 | + | The people of the State of California do enact as follows:SECTION 1. Part 2.8 (commencing with Section 60) is added to Division 1 of the Civil Code, to read:PART 2.8. Social Care Data Privacy60. For purposes of this part, all of the following definitions apply:(a) Closed-loop referral system or CLRS means a technology platform or network that does all of the following:(1) Stores the social care information of one or more individuals.(2) Enables the sharing of social care information with and between participating entities for the purpose of referring individuals for social care.(3) Provides information to participating entities regarding the progress and outcomes of referrals for social care.(b) Participating entity means an entity that meets all of the following:(1) Provides social care or refers individuals for social care, including, but not limited to, a public agency, nonprofit organization, charitable organization, provider of health care, health care service plan, or CLRS technology vendor.(2) Has the ability to create, receive, or update social care information in a CLRS.(3) Has the ability to create, receive, or update referrals for social care in a CLRS.(c) Social care means care, services, goods, or supplies related to an individuals social needs. Social care includes, but is not limited to, support and assistance for an individuals food stability and nutritional needs, housing, transportation, economic stability, employment, education access and quality, childcare and family relationship needs, and environmental and physical safety.(d) Social care information means both of the following regarding an individual:(1) Any information, in any form, that relates to the need for, payment for, or provision of, social care to the individual.(2) The individuals personal information, as that term is defined in subdivision (v) of Section 1798.140 of the Civil Code.61. (a) A participating entity shall not sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means, social care information stored in or transmitted through a closed-loop referral system in exchange for monetary or other valuable consideration.(b) A participating entity shall not use social care information stored in, or transmitted through, a closed-loop referral system for any purpose or purposes other than the social care purpose or purposes for which that social care information was collected or generated, except as required by federal law or as authorized or required by or state law.62. Nothing in this part affects any obligations imposed by other applicable laws. | |
| 42 | 41 | ||
| 43 | 42 | The people of the State of California do enact as follows: | |
| 44 | 43 | ||
| 45 | 44 | ## The people of the State of California do enact as follows: | |
| 46 | 45 | ||
| 47 | - | SECTION 1. Part 2.8 (commencing with Section 60) is added to Division 1 of the Civil Code, to read:PART 2.8. Social Care Data Privacy60. For purposes of this part, all of the following definitions apply:(a) Closed-loop referral system or CLRS means a technology platform or network that does all of the following:(1) Stores the social care information of one or more individuals.(2) Enables the sharing of social care information with and between participating entities for the purpose of referring individuals for social care.(3) Provides information to participating entities regarding the progress and outcomes of referrals for social care.(b) Participating entity means an entity that meets all of the following:(1) Provides social care or refers individuals for social care, including, but not limited to, a public agency, nonprofit organization, charitable organization, provider of health care, health care service plan, or CLRS technology vendor.(2) Has the ability to create, receive, or update social care information in a CLRS.(3) Has the ability to create, receive, or update referrals for social care in a CLRS.(c) Social care means care, services, goods, or supplies related to an individuals social needs. Social care includes, but is not limited to, support and assistance for an individuals food stability and nutritional needs, housing, transportation, economic stability, employment, education access and quality, childcare and family relationship needs, and environmental and physical safety.(d) Social care information means both of the following regarding an individual:(1) Any information, in any form, that relates to the need for, payment for, or provision of, social care to the individual.(2) The individuals personal information, as that term is defined in subdivision (v) of Section 1798.140 of the Civil Code.61. (a) | |
| 46 | + | SECTION 1. Part 2.8 (commencing with Section 60) is added to Division 1 of the Civil Code, to read:PART 2.8. Social Care Data Privacy60. For purposes of this part, all of the following definitions apply:(a) Closed-loop referral system or CLRS means a technology platform or network that does all of the following:(1) Stores the social care information of one or more individuals.(2) Enables the sharing of social care information with and between participating entities for the purpose of referring individuals for social care.(3) Provides information to participating entities regarding the progress and outcomes of referrals for social care.(b) Participating entity means an entity that meets all of the following:(1) Provides social care or refers individuals for social care, including, but not limited to, a public agency, nonprofit organization, charitable organization, provider of health care, health care service plan, or CLRS technology vendor.(2) Has the ability to create, receive, or update social care information in a CLRS.(3) Has the ability to create, receive, or update referrals for social care in a CLRS.(c) Social care means care, services, goods, or supplies related to an individuals social needs. Social care includes, but is not limited to, support and assistance for an individuals food stability and nutritional needs, housing, transportation, economic stability, employment, education access and quality, childcare and family relationship needs, and environmental and physical safety.(d) Social care information means both of the following regarding an individual:(1) Any information, in any form, that relates to the need for, payment for, or provision of, social care to the individual.(2) The individuals personal information, as that term is defined in subdivision (v) of Section 1798.140 of the Civil Code.61. (a) A participating entity shall not sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means, social care information stored in or transmitted through a closed-loop referral system in exchange for monetary or other valuable consideration.(b) A participating entity shall not use social care information stored in, or transmitted through, a closed-loop referral system for any purpose or purposes other than the social care purpose or purposes for which that social care information was collected or generated, except as required by federal law or as authorized or required by or state law.62. Nothing in this part affects any obligations imposed by other applicable laws. | |
| 48 | 47 | ||
| 49 | 48 | SECTION 1. Part 2.8 (commencing with Section 60) is added to Division 1 of the Civil Code, to read: | |
| 50 | 49 | ||
| 51 | 50 | ### SECTION 1. | |
| 52 | 51 | ||
| 53 | - | PART 2.8. Social Care Data Privacy60. For purposes of this part, all of the following definitions apply:(a) Closed-loop referral system or CLRS means a technology platform or network that does all of the following:(1) Stores the social care information of one or more individuals.(2) Enables the sharing of social care information with and between participating entities for the purpose of referring individuals for social care.(3) Provides information to participating entities regarding the progress and outcomes of referrals for social care.(b) Participating entity means an entity that meets all of the following:(1) Provides social care or refers individuals for social care, including, but not limited to, a public agency, nonprofit organization, charitable organization, provider of health care, health care service plan, or CLRS technology vendor.(2) Has the ability to create, receive, or update social care information in a CLRS.(3) Has the ability to create, receive, or update referrals for social care in a CLRS.(c) Social care means care, services, goods, or supplies related to an individuals social needs. Social care includes, but is not limited to, support and assistance for an individuals food stability and nutritional needs, housing, transportation, economic stability, employment, education access and quality, childcare and family relationship needs, and environmental and physical safety.(d) Social care information means both of the following regarding an individual:(1) Any information, in any form, that relates to the need for, payment for, or provision of, social care to the individual.(2) The individuals personal information, as that term is defined in subdivision (v) of Section 1798.140 of the Civil Code.61. (a) | |
| 52 | + | PART 2.8. Social Care Data Privacy60. For purposes of this part, all of the following definitions apply:(a) Closed-loop referral system or CLRS means a technology platform or network that does all of the following:(1) Stores the social care information of one or more individuals.(2) Enables the sharing of social care information with and between participating entities for the purpose of referring individuals for social care.(3) Provides information to participating entities regarding the progress and outcomes of referrals for social care.(b) Participating entity means an entity that meets all of the following:(1) Provides social care or refers individuals for social care, including, but not limited to, a public agency, nonprofit organization, charitable organization, provider of health care, health care service plan, or CLRS technology vendor.(2) Has the ability to create, receive, or update social care information in a CLRS.(3) Has the ability to create, receive, or update referrals for social care in a CLRS.(c) Social care means care, services, goods, or supplies related to an individuals social needs. Social care includes, but is not limited to, support and assistance for an individuals food stability and nutritional needs, housing, transportation, economic stability, employment, education access and quality, childcare and family relationship needs, and environmental and physical safety.(d) Social care information means both of the following regarding an individual:(1) Any information, in any form, that relates to the need for, payment for, or provision of, social care to the individual.(2) The individuals personal information, as that term is defined in subdivision (v) of Section 1798.140 of the Civil Code.61. (a) A participating entity shall not sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means, social care information stored in or transmitted through a closed-loop referral system in exchange for monetary or other valuable consideration.(b) A participating entity shall not use social care information stored in, or transmitted through, a closed-loop referral system for any purpose or purposes other than the social care purpose or purposes for which that social care information was collected or generated, except as required by federal law or as authorized or required by or state law.62. Nothing in this part affects any obligations imposed by other applicable laws. | |
| 54 | 53 | ||
| 55 | - | PART 2.8. Social Care Data Privacy60. For purposes of this part, all of the following definitions apply:(a) Closed-loop referral system or CLRS means a technology platform or network that does all of the following:(1) Stores the social care information of one or more individuals.(2) Enables the sharing of social care information with and between participating entities for the purpose of referring individuals for social care.(3) Provides information to participating entities regarding the progress and outcomes of referrals for social care.(b) Participating entity means an entity that meets all of the following:(1) Provides social care or refers individuals for social care, including, but not limited to, a public agency, nonprofit organization, charitable organization, provider of health care, health care service plan, or CLRS technology vendor.(2) Has the ability to create, receive, or update social care information in a CLRS.(3) Has the ability to create, receive, or update referrals for social care in a CLRS.(c) Social care means care, services, goods, or supplies related to an individuals social needs. Social care includes, but is not limited to, support and assistance for an individuals food stability and nutritional needs, housing, transportation, economic stability, employment, education access and quality, childcare and family relationship needs, and environmental and physical safety.(d) Social care information means both of the following regarding an individual:(1) Any information, in any form, that relates to the need for, payment for, or provision of, social care to the individual.(2) The individuals personal information, as that term is defined in subdivision (v) of Section 1798.140 of the Civil Code.61. (a) | |
| 54 | + | PART 2.8. Social Care Data Privacy60. For purposes of this part, all of the following definitions apply:(a) Closed-loop referral system or CLRS means a technology platform or network that does all of the following:(1) Stores the social care information of one or more individuals.(2) Enables the sharing of social care information with and between participating entities for the purpose of referring individuals for social care.(3) Provides information to participating entities regarding the progress and outcomes of referrals for social care.(b) Participating entity means an entity that meets all of the following:(1) Provides social care or refers individuals for social care, including, but not limited to, a public agency, nonprofit organization, charitable organization, provider of health care, health care service plan, or CLRS technology vendor.(2) Has the ability to create, receive, or update social care information in a CLRS.(3) Has the ability to create, receive, or update referrals for social care in a CLRS.(c) Social care means care, services, goods, or supplies related to an individuals social needs. Social care includes, but is not limited to, support and assistance for an individuals food stability and nutritional needs, housing, transportation, economic stability, employment, education access and quality, childcare and family relationship needs, and environmental and physical safety.(d) Social care information means both of the following regarding an individual:(1) Any information, in any form, that relates to the need for, payment for, or provision of, social care to the individual.(2) The individuals personal information, as that term is defined in subdivision (v) of Section 1798.140 of the Civil Code.61. (a) A participating entity shall not sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means, social care information stored in or transmitted through a closed-loop referral system in exchange for monetary or other valuable consideration.(b) A participating entity shall not use social care information stored in, or transmitted through, a closed-loop referral system for any purpose or purposes other than the social care purpose or purposes for which that social care information was collected or generated, except as required by federal law or as authorized or required by or state law.62. Nothing in this part affects any obligations imposed by other applicable laws. | |
| 56 | 55 | ||
| 57 | 56 | PART 2.8. Social Care Data Privacy | |
| 58 | 57 | ||
| 59 | 58 | PART 2.8. Social Care Data Privacy | |
| 60 | 59 | ||
| 61 | 60 | 60. For purposes of this part, all of the following definitions apply:(a) Closed-loop referral system or CLRS means a technology platform or network that does all of the following:(1) Stores the social care information of one or more individuals.(2) Enables the sharing of social care information with and between participating entities for the purpose of referring individuals for social care.(3) Provides information to participating entities regarding the progress and outcomes of referrals for social care.(b) Participating entity means an entity that meets all of the following:(1) Provides social care or refers individuals for social care, including, but not limited to, a public agency, nonprofit organization, charitable organization, provider of health care, health care service plan, or CLRS technology vendor.(2) Has the ability to create, receive, or update social care information in a CLRS.(3) Has the ability to create, receive, or update referrals for social care in a CLRS.(c) Social care means care, services, goods, or supplies related to an individuals social needs. Social care includes, but is not limited to, support and assistance for an individuals food stability and nutritional needs, housing, transportation, economic stability, employment, education access and quality, childcare and family relationship needs, and environmental and physical safety.(d) Social care information means both of the following regarding an individual:(1) Any information, in any form, that relates to the need for, payment for, or provision of, social care to the individual.(2) The individuals personal information, as that term is defined in subdivision (v) of Section 1798.140 of the Civil Code. | |
| 62 | 61 | ||
| 63 | 62 | ||
| 64 | 63 | ||
| 65 | 64 | 60. For purposes of this part, all of the following definitions apply: | |
| 66 | 65 | ||
| 67 | 66 | (a) Closed-loop referral system or CLRS means a technology platform or network that does all of the following: | |
| 68 | 67 | ||
| 69 | 68 | (1) Stores the social care information of one or more individuals. | |
| 70 | 69 | ||
| 71 | 70 | (2) Enables the sharing of social care information with and between participating entities for the purpose of referring individuals for social care. | |
| 72 | 71 | ||
| 73 | 72 | (3) Provides information to participating entities regarding the progress and outcomes of referrals for social care. | |
| 74 | 73 | ||
| 75 | 74 | (b) Participating entity means an entity that meets all of the following: | |
| 76 | 75 | ||
| 77 | 76 | (1) Provides social care or refers individuals for social care, including, but not limited to, a public agency, nonprofit organization, charitable organization, provider of health care, health care service plan, or CLRS technology vendor. | |
| 78 | 77 | ||
| 79 | 78 | (2) Has the ability to create, receive, or update social care information in a CLRS. | |
| 80 | 79 | ||
| 81 | 80 | (3) Has the ability to create, receive, or update referrals for social care in a CLRS. | |
| 82 | 81 | ||
| 83 | 82 | (c) Social care means care, services, goods, or supplies related to an individuals social needs. Social care includes, but is not limited to, support and assistance for an individuals food stability and nutritional needs, housing, transportation, economic stability, employment, education access and quality, childcare and family relationship needs, and environmental and physical safety. | |
| 84 | 83 | ||
| 85 | 84 | (d) Social care information means both of the following regarding an individual: | |
| 86 | 85 | ||
| 87 | 86 | (1) Any information, in any form, that relates to the need for, payment for, or provision of, social care to the individual. | |
| 88 | 87 | ||
| 89 | 88 | (2) The individuals personal information, as that term is defined in subdivision (v) of Section 1798.140 of the Civil Code. | |
| 90 | 89 | ||
| 91 | - | 61. (a) | |
| 90 | + | 61. (a) A participating entity shall not sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means, social care information stored in or transmitted through a closed-loop referral system in exchange for monetary or other valuable consideration.(b) A participating entity shall not use social care information stored in, or transmitted through, a closed-loop referral system for any purpose or purposes other than the social care purpose or purposes for which that social care information was collected or generated, except as required by federal law or as authorized or required by or state law. | |
| 92 | 91 | ||
| 93 | 92 | ||
| 94 | 93 | ||
| 95 | - | 61. (a)A participating entity shall not sell, | |
| 94 | + | 61. (a) A participating entity shall not sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means, social care information stored in or transmitted through a closed-loop referral system in exchange for monetary or other valuable consideration. | |
| 96 | 95 | ||
| 97 | - | (a) Sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means, social care information stored in or transmitted through a closed-loop referral system in exchange for monetary or other valuable consideration. | |
| 98 | - | ||
| 99 | - | (b) A participating entity shall not use Use social care information stored in, or transmitted through, a closed-loop referral system for any purpose or purposes other than the social care purpose or purposes for which that social care information was collected or generated, except as required by federal or state law. generated. | |
| 96 | + | (b) A participating entity shall not use social care information stored in, or transmitted through, a closed-loop referral system for any purpose or purposes other than the social care purpose or purposes for which that social care information was collected or generated, except as required by federal law or as authorized or required by or state law. | |
| 100 | 97 | ||
| 101 | 98 | 62. Nothing in this part affects any obligations imposed by other applicable laws. | |
| 102 | 99 | ||
| 103 | 100 | ||
| 104 | 101 | ||
| 105 | 102 | 62. Nothing in this part affects any obligations imposed by other applicable laws. |