BILL NUMBER: AB 658	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 56.06 of the Civil Code is amended to read:
   56.06.  (a) Any business organized for the purpose of maintaining
medical information in order to make the information available to an
individual or to a provider of health care at the request of the
individual or a provider of health care, for purposes of allowing the
individual to manage his or her information, or for the diagnosis
and treatment of the individual, shall be deemed to be a provider of
health care subject to the requirements of this part. However,
nothing in this section shall be construed to make a business
specified in this subdivision a provider of health care for purposes
of any law other than this part, including laws that specifically
incorporate by reference the definitions of this part. 
   (b) Any business that offers application software that is designed
to maintain medical information in order to make the information
available to an individual or a provider of health care at the
request of the individual or a provider of health care, for purposes
of allowing the individual to manage his or her information, or for
the diagnosis, treatment, or management of a medical condition of the
individual, shall be deemed to be a provider of health care subject
to the requirements of this part. However, nothing in this section
shall be construed to make a business specified in this subdivision a
provider of health care for purposes of any law other than this
part, including laws that specifically incorporate by reference the
definitions of this part.  
   (b) 
    (c)  Any business described in subdivision (a)  or
(b)  shall maintain the same standards of confidentiality
required of a provider of health care with respect to medical
information disclosed to the business. 
   (c) 
    (d)  Any business described in subdivision (a)  or
(b)  shall be subject to the penalties for improper use and
disclosure of medical information prescribed in this part.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.