BILL NUMBER: AB 439	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 14, 2011

   An act relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 439, as introduced, Skinner. Health care information.
   Existing law, the Confidentiality of Medical Information Act
(CMIA), prohibits a health care provider, a contractor, or a health
care service plan from disclosing medical information, as defined,
regarding a patient of the provider or an enrollee or subscriber of
the health care service plan without first obtaining an
authorization, except as specified.
   This bill would declare the intent of the Legislature to enact
legislation that would continue to protect patient privacy, remove
barriers to the necessary exchange of health information, and
encourage the appropriate exchange of health care information between
providers, plans, and other business associates.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Quality and affordable health care is hugely dependent on the
appropriate exchange of health care information. This includes the
exchange of protected health information between providers, plans,
and other business associates.
   (b) Federal and state laws, including the Confidentiality of
Medical Information Act (CMIA), provided for in Part 2.6 (commencing
with Section 56) of Division 1 of the Civil Code, regulate the flow
of confidential medical information through the spectrum of care
delivery and payment. The CMIA established the framework in this
state for protecting personal medical information.
   (c) Ensuring the quality and efficacy of health care delivery
requires continued modernization; moving toward the electronic
exchange of health information.
   (d) It is the intent of the Legislature to enact legislation that
would do all of the following:
   (1) Continue to protect patient privacy.
   (2) Remove barriers to the necessary exchange of health
information.
   (3) Encourage the appropriate exchange of health care information
between providers, plans, and other business associates.