BILL ANALYSIS
AB 2541
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CONCURRENCE IN SENATE AMENDMENTS
AB 2541 (Portantino and Fletcher)
As Amended August 20, 2010
Majority vote
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|ASSEMBLY: |72-0 |(May 20, 2010) |SENATE: |37-0 |(August 30, |
| | | | | |2010) |
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Original Committee Reference: HEALTH
SUMMARY : Deletes the Human immunodeficiency virus (HIV)
exemption from authorized electronic reporting, adds language
from a related bill to avoid chaptering-out conflicts, and
explicitly provides disclosure authority to state and local
public health personnel for the purpose of providing complete
information regarding sexually transmitted disease (STD)
surveillance to the federal government.
The Senate amendments :
1)Add language to avoid chaptering-out conflicts with AB 2786
(Committee on Health), should both bills be enacted. Both AB
2541 and this bill amend the same code sections.
2)Describe the methods health care providers and local health
officers (LHOs) may submit cases of HIV infection, including
facsimile and electronically by a secure and confidential
electronic reporting system established by the department, to
be implemented using the existing resources of the department.
3)Authorize the following disclosures for the purpose of
enhancing the completeness of HIV/AIDS, tuberculosis, and
sexually transmitted disease coinfection reporting to the
federal Centers for Disease Control and Prevention (CDC):
a) Local public health agency HIV surveillance staff may
further disclose the information to the health care
provider who provides HIV care to the HIV-positive person
who is the subject of record for the purpose of assisting
in compliance with specified requirements to receive
federal HIV and AIDS funding; and,
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b) Local public health agency tuberculosis control staff
may further disclose the information to state public health
agency tuberculosis control staff, who may further disclose
the information, without disclosing patient identifying
information, to the CDC, to the extend the information is
requested by the CDC and is permitted as specified, for
purposes of the investigation, control, or surveillance of
HIV and tuberculosis coinfections.
4)Authorize local public health agency STD control staff to
further disclose the information to state public health agency
STD control staff, who may further disclose the information,
without disclosing patient identifying information, to the
CDC, if it is requested by CDC and is permitted as specified,
for the purposes of the investigation, control, or
surveillance of HIV and syphilis, gonorrhea, or Chlamydia
coinfection.
5)Authorize the following disclosures for the purpose of
facilitating appropriate HIV/AIDS medical care and treatment:
a) State public health agency HIV surveillance staff, AIDS
Drug Assistance Program (ADAP) staff, and care services
staff may further disclose the information to local public
health agency staff, who may further disclose the
information to the HIV-positive person who is the subject
of the record, or the health care provider who provides
his/her HIV care, for the purposes of proactively offering
and coordinating care and treatment services to him/her;
and,
b) ADAP staff and care services staff in the California
Department of Public Health (DPH) may further disclose the
information directly to the HIV-positive person who is the
subject of the record or the health care provider who
provides his/her HIV care, for the purpose of proactively
offering and coordinating care and treatment services to
him/her.
6)Authorize local public health agency STD control and
tuberculosis control staff, for the purpose of facilitating
appropriate medical care and treatment of persons coinfected
with HIV, tuberculosis, syphilis, gonorrhea, or Chlamydia, to
further disclose the information to state or local public
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health agency STD control and tuberculosis control staff, the
HIV-positive person who is the subject of the record, or the
health care provider who provides his/her HIV, tuberculosis,
and STD care.
7)State that, for purposes of this bill, the authorizations in
4) and 5) listed above, "staff" does not include
nongovernmental entities.
8)Increase the civil penalty for a person who negligently
discloses the content of any confidential public health
record, as defined, to any third party, except as specified,
from $2,500 to $5,000.
9)Increase the maximum civil penalty for a person who willfully
or maliciously discloses the content of any confidential
public health record, as defined, to any third party, except
as specified, from $10,000 to $25,000.
10)Add language to avoid chaptering-out conflicts with AB 2786.
EXISTING LAW :
1)Requires health care providers and laboratories to report
cases of HIV infection to the LHO using patient names and
requires LHOs to report unduplicated HIV cases by name to DPH.
2)Requires laboratories to submit disease reports on reportable
diseases, except HIV, to the LHO electronically, and requires
DPH to specify the reporting mechanism and timeliness
requirements for laboratory reports.
3)Requires each county to make HIV tests available within its
jurisdiction on an anonymous, rather than confidential, basis,
as specified.
4)Stipulates that public health records relating to HIV or AIDS,
containing personally identifying information, developed or
acquired by state or local public health agencies or an agent
of such an agency, shall be confidential and shall not be
disclosed, except as provided by law for public health
purposes or in accordance with a written authorization by the
person who is the subject of the record or by his or her
guardian or conservator.
5)Allows state or local public health agencies, or an agent of
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such an agency, to disclose personally identifying information
in public health records to other local, state, or federal
public health agencies or to corroborating medical
researchers, when the confidential information is necessary to
carry out the duties of the agency or researcher in the
investigation, control, or surveillance of disease, as
determined by the state or local public health agency.
AS PASSED BY THE ASSEMBLY , this bill deleted the exemption from
the electronic reporting requirement for HIV infections.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
DPH add HIV module $75 ongoing minor and
absorbableGeneral
To Electronic Laboratory
Reporting System
Additional federal funds due Cost pressure in the hundreds of
thousands to millions General
to increased HIV case reportingof dollars in non-federal
matching funds
COMMENTS : According to the author, this bill will ensure that
California maintains federal funds and works toward having a
complete count of HIV positive individuals in California. The
author cites a recent Legislative Analyst's Office (LAO) report
that states that California has only collected roughly 36,000
cases of HIV reported by name out of an estimated 68,000 to
106,000 persons living with HIV. The LAO recommends that the
Department of Corrections and Rehabilitation be authorized to
exchange HIV data with state and local public health officials,
and that HIV reports be included in the state's new electronic
reporting system.
Analysis Prepared by : Martin Radosevich / HEALTH / (916)
319-2097
FN: 0006748
AB 2541
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