Amended in Assembly April 22, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 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 amended, 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 begin delete application end delete software begin insert or hardware, including a mobile application end insert begin insert end insert begin insert or other related device end insert 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 begin insert , as defined in subdivision (g) of
Section 56.05, end insert 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 begin delete application end delete software begin insert end insert begin insert or hardware,
including a mobile application end insert begin insert or other related device end insert that is
designed to maintain medical information begin insert , as defined in subdivision
(g) of Section 56.0 end insert begin insert 5, end insert 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.

(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.

(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.

begin delete

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.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert