BILL NUMBER: AB 1011	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 15, 2009

INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 27, 2009

   An act to add Section 130206 to the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1011, as amended, Jones. Office of Health Information
Integrity: report.
   Existing federal law, the Health Insurance Portability and
Accountability Act of 1996 (HIPAA), extends health coverage benefits
to workers after they terminate coverage plans. Existing state law,
to become inoperative on July 1, 2010, establishes the Office of
HIPAA Implementation to, among other things, assume statewide
leadership, coordination, direction, and oversight responsibilities
for determining which provisions of state law concerning medical
information are preempted by HIPAA.
   Existing law establishes the Office of Health Information
Integrity within the California Health and Human Services Agency to
ensure the enforcement of state law mandating confidentiality of
medical information and to impose administrative fines for the
unauthorized use of medical information.
   This bill would require the Office of Health Information
Integrity, by April 1, 2010, to report to the  appropriate policy
and fiscal committees of the  Legislature on the impact of
federal changes related to health care technology and the privacy of
health and medical  information, including recommendations
for statutory changes   information  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 130206 is added to the Health and Safety Code,
to read:
   130206.  By April 1, 2010, the Office of Health Information
Integrity shall report to the appropriate policy and fiscal
committees of the Legislature on the impact of federal changes
related to health care technology and the privacy of health and
medical information.  The office shall evaluate and make
recommendations for statutory changes to ensure that California's
medical privacy laws are minimally compliant with or exceed federal
privacy laws, including, but not limited to, compliance with changes
to the federal Health Insurance Portability and Accountability Act of
1996 (42 U.S.C. Sec. 300gg) enacted through the federal American
Recovery and Reinvestment Act of 2009 (Public Law 111-5), and that
California law is updated to reflect and promote the development and
expansion of health information technology while safeguarding
confidential medical information.