BILL NUMBER: AB 1302	CHAPTERED  10/14/07

	CHAPTER  700
	FILED WITH SECRETARY OF STATE  OCTOBER 14, 2007
	APPROVED BY GOVERNOR  OCTOBER 14, 2007
	PASSED THE SENATE  SEPTEMBER 5, 2007
	PASSED THE ASSEMBLY  JUNE 4, 2007
	AMENDED IN ASSEMBLY  APRIL 9, 2007

INTRODUCED BY   Assembly Member Horton

                        FEBRUARY 23, 2007

   An act to amend Sections 130311.5, 130316, and 130317 of the
Health and Safety Code, relating to health care.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1302, Horton. Health Insurance Portability and Accountability
Act.
   Existing law, the Health Insurance Portability and Accountability
Implementation Act of 2001 (the act), provides for the implementation
of the federal Health Insurance Portability and Accountability Act
(HIPAA) by the state under the direction of the Office of HIPAA
Implementation, which was established by the Governor in the
California Health and Human Services Agency. Under existing law, the
act will be repealed January 1, 2008, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that
date, and all unexpended or unencumbered funds under the act will
revert to the General Fund.
   This bill would extend the act's duration to July 1, 2010, when it
would become inoperative, and all funds under the act that are
unexpended or unencumbered as of that date would revert to the
General Fund.


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.
  SEC. 2.  Section 130316 of the Health and Safety Code is amended to
read:
   130316.  Any funds appropriated for the purpose of this division
that remain unexpended or unencumbered on July 1, 2010, shall revert
to the General Fund on that date unless a statute that is enacted
before July 1, 2010, extends the provisions of this division.
  SEC. 3.  Section 130317 of the Health and Safety Code is amended to
read:
   130317.  This division shall become inoperative on July 1, 2010,
and as of January 1, 2011, is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
the dates on which it becomes inoperative and is repealed.