California Legislature—2013–14 Regular Session

Assembly BillNo. 658


Introduced by Assembly Member Ian Calderon

February 21, 2013


An act to amend Section 56.06 of the Civil Code, relating to personal information.

LEGISLATIVE COUNSEL’S DIGEST

AB 658, as introduced, Ian Calderon. Personal information: disclosure.:

(1) The Confidentiality of Medical Information Act prohibits a provider of health care, a health care service plan, contractor, or corporation and its subsidiaries and affiliates from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, except as expressly authorized by the patient, enrollee, or subscriber, as specified, or as otherwise required or authorized by law. The act includes within the definition of “provider of health care,” any business organized for the purpose of maintaining medical information to allow an individual to manage his or her information, or for the treatment or diagnosis of the individual.

Violations of those provisions are subject to a civil action for compensatory and punitive damages, and, if a violation results in economic loss or personal injury to a patient, it is punishable as a misdemeanor.

This bill would apply the prohibitions of the Confidentiality of Medical Information Act to any business that offers application software that is designed to maintain medical information to allow an individual to manage his or her information, or for the diagnosis, treatment, or management of a medical condition of the individual. By expanding an existing crime, this bill would impose a state-mandated local program.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 56.06 of the Civil Code is amended to
2read:

3

56.06.  

(a) Any business organized for the purpose of
4maintaining medical information in order to make the information
5available to an individual or to a provider of health care at the
6request of the individual or a provider of health care, for purposes
7of allowing the individual to manage his or her information, or for
8the diagnosis and treatment of the individual, shall be deemed to
9be a provider of health care subject to the requirements of this part.
10However, nothing in this section shall be construed to make a
11business specified in this subdivision a provider of health care for
12purposes of any law other than this part, including laws that
13specifically incorporate by reference the definitions of this part.

begin insert

14(b) Any business that offers application software that is designed
15to maintain medical information in order to make the information
16available to an individual or a provider of health care at the
17request of the individual or a provider of health care, for purposes
18of allowing the individual to manage his or her information, or
19for the diagnosis, treatment, or management of a medical condition
20of the individual, shall be deemed to be a provider of health care
21subject to the requirements of this part. However, nothing in this
22section shall be construed to make a business specified in this
23subdivision a provider of health care for purposes of any law other
24than this part, including laws that specifically incorporate by
25reference the definitions of this part.

end insert
begin delete

26(b)

end delete

27begin insert(c)end insert Any business described in subdivision (a)begin insert or (b)end insert shall
28maintain the same standards of confidentiality required of a
P3    1provider of health care with respect to medical information
2disclosed to the business.

begin delete

3(c)

end delete

4begin insert(d)end insert Any business described in subdivision (a)begin insert or (b)end insert shall be
5subject to the penalties for improper use and disclosure of medical
6information prescribed in this part.

7

SEC. 2.  

If the Commission on State Mandates determines that
8this act contains costs mandated by the state, reimbursement to
9local agencies and school districts for those costs shall be made
10pursuant to Part 7 (commencing with Section 17500) of Division
114 of Title 2 of the Government Code.



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