BILL ANALYSIS
AB 2028
Page 1
Date of Hearing: April 28, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2028 (Hernandez) - As Amended: April 13, 2010
Policy Committee: Health Vote:17-0
Judiciary 9-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill clarifies current law to explicitly authorize
specified mandated reporters to release private health
information during the course of a child abuse or child neglect
investigation.
FISCAL EFFECT
No direct fiscal impact. This bill clarifies current law
regarding the handling of private medical information in the
course of a child abuse investigation.
COMMENTS
1)Rationale . This bill is sponsored by the California
Association of Marriage and Family Therapists to clarify that
therapists are authorized to release private medical
information in the course of child abuse or neglect
investigation.
2)Privacy of Health Information . Information about health is
highly sensitive and is protected by numerous provisions under
state and federal law. Providers are generally prohibited from
releasing medical information under California's Confidential
Medical Information Act (CMIA). The federal Health Insurance
Portability and Accountability Act (HIPAA) sets a national
standard for privacy of health information, but HIPAA only
applies to medical records maintained by health care
providers, health plans, and health clearinghouses and only if
the facility maintains and transmits records in electronic
form.
AB 2028
Page 2
A good deal of health-related information exists outside of
health facilities and the records of health insurers. The
extent of privacy protection given to medical information
often depends on where the records are located and the purpose
for which the information was collected. This bill ensures
that health information is available to support child abuse
and neglect investigations.
Analysis Prepared by : Mary Ader / APPR. / (916) 319-2081