BILL NUMBER: AB 658	CHAPTERED
	BILL TEXT

	CHAPTER  296
	FILED WITH SECRETARY OF STATE  SEPTEMBER 9, 2013
	APPROVED BY GOVERNOR  SEPTEMBER 9, 2013
	PASSED THE SENATE  AUGUST 19, 2013
	PASSED THE ASSEMBLY  AUGUST 22, 2013
	AMENDED IN SENATE  JUNE 24, 2013
	AMENDED IN ASSEMBLY  APRIL 22, 2013

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, 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 software or
hardware to consumers, including a mobile application or other
related device 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.



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, as defined in subdivision (g) of Section 56.05,
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 software or hardware to consumers,
including a mobile application or other related device that is
designed to maintain medical information, as defined in subdivision
(g) of Section 56.05, 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.
  SEC. 2.  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.