BILL NUMBER: AB 2313	CHAPTERED  07/14/04

	CHAPTER  141
	FILED WITH SECRETARY OF STATE  JULY 14, 2004
	APPROVED BY GOVERNOR  JULY 13, 2004
	PASSED THE SENATE  JULY 1, 2004
	PASSED THE ASSEMBLY  APRIL 29, 2004

INTRODUCED BY   Assembly Member Chan

                        FEBRUARY 19, 2004

   An act to amend Section 130311.5 of the Health and Safety Code,
relating to medical information.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2313, Chan.  Health Insurance Portability and Accountability
Act.
   Existing law, the Health Insurance Portability and Accountability
Implementation Act of 2001, makes an office established by the
Governor within the Health and Human Services Agency responsible for
implementing the provisions of the federal Health Insurance
Portability and Accountability Act (HIPAA).  Under the act, that
office is required until January 1, 2005, to determine the provisions
of state law that are preempted by HIPAA, at which time those
provisions will be repealed.
   This bill would extend to January 1, 2008, the requirement that
the office determine what state law is preempted.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 130311.5 of the Health and Safety Code is
amended to read:
   130311.5.  (a) The office shall assume statewide leadership,
coordination, direction, and oversight responsibilities for
determining which provisions of state law concerning personal medical
information are preempted by HIPAA pursuant to Section 160.203 of
Title 45 of the Code of Federal Regulations.  State entities impacted
by HIPAA shall, at the direction of the office, do the following:
   (1) Assist in determining which state laws concerning personal
medical information are preempted by HIPAA.
   (2) Conform to all determinations made by the office concerning
HIPAA preemption issues.
   (b) Any provision of state law concerning personal medical
information that is determined by the office to be preempted by HIPAA
pursuant to Section 160.203 of Title 45 of the Code of Federal
Regulations, shall not be applicable to the extent of that
preemption.  The remainder of the provisions of state law concerning
personal medical information shall remain in full force and effect.
   (c) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1,  2008, deletes or extends
that date.