Amended in Assembly May 6, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1898

Introduced by Assembly Member Brown

February 19, 2014

An act to amend Section 121025 of the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL’S DIGEST

AB 1898, as amended, Brown. Public health records: reporting: HIV/AIDS.

Existing law, with specified exceptions, prohibits the disclosure of public health records containing personally identifiable information relating to human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) that were developed or acquired by a state or local public health agency. Existing law authorizes begin insert disclosure of these public health records if otherwise provided by law for public health purposes, pursuant to a written authorization by the person who is the subject of the record, or when the confidential information is necessary to carry out the duties of the public health agency or researcher in the investigation, control, or surveillance of disease. Existing law requires these authorized disclosures to include only the information necessary for the purpose of that disclosure and to be made upon the agreement that the information will be kept confidential and will not be further disclosed without written authorization. end insert

begin insert Existing law provides exceptions to the above-described requirements on the disclosure of information regarding public health records relating to HIV or AIDS, and authorizes end insert specified disclosures of that information for the purpose of enhancing the completeness of HIV/AIDS, tuberculosis, and sexually transmitted disease coinfection reporting to the federal Centers for Disease Control and Prevention (CDC), including authorizing local public agency tuberculosis control staff to disclose the information to certain state public health agency staff who may further disclose the information to the CDC, as specified.

This bill would begin insert require any disclosure authorized under these provisions to include only the information necessary for the purpose of that disclosure and to be made upon the agreement that the information will be kept confidential and will not be further disclosed without written authorization. end insert begin insert The bill would end insert include begin delete other communicable and chronic diseases of public health importance, as specified, end delete begin insert hepatitis B, hepatitis C, and meningococcal infection end insert for HIV/AIDS coinfection reporting to the CDC. The bill would additionally authorize local public health agency communicable disease staff to further disclose the information to state public health agency begin delete staff, who may further disclose the information, without disclosing patient identifying information, to the CDC, to the extent it is requested by the CDC. end delete begin insert staff for the purpose of the investigation, control, or surveillance of HIV and coinfection with hepatitis B, hepatitis C, and meningococcal infection. end insert

Existing law authorizes local public health agency sexually transmitted disease control and tuberculosis control staff to disclose the HIV/AIDS-related information to state or local public health agency sexually transmitted disease control and tuberculosis control staff, the HIV-positive person, or his or her health care provider, for the purpose of facilitating appropriate medical care and treatment of persons coinfected with HIV, tuberculosis, syphilis, gonorrhea, or chlamydia.

This bill would begin delete instead end delete begin insert additionally end insert authorize any local public health agency begin insert sexually transmitted disease control, communicable disease control, and tuberculosis end insert staff to begin insert further end insert disclose that information to begin delete any appropriate end delete state or local public health agency begin insert sexually transmitted disease control, communicable disease control, and tuberculosis end insert staff for the purpose of facilitating appropriate medical care and treatment of persons coinfected with begin delete HIV and those diseases, or other communicable or chronic diseases of public health importance, end delete begin insert HIV, hepatitis B, hepatitis C, or meningococcal infection, end insert as specified.

Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program: no.

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

SECTION 1.  

Section 121025 of the Health and Safety Code
is amended to read:

121025.  

(a) Public health records relating to human
immunodeficiency virus (HIV) or acquired immunodeficiency
syndrome (AIDS), containing personally identifying information,
that were developed or acquired by a state or local public health
agency, or an agent of that agency, shall be confidential and shall
not be disclosed, except as otherwise provided by law for public
health purposes or pursuant to a written authorization by the person
who is the subject of the record or by his or her guardian or
conservator.

(b) In accordance with subdivision (g) of Section 121022, a
state or local public health agency, or an agent of that agency, may
disclose personally identifying information in public health records,
as described in subdivision (a), to other local, state, or federal
public health agencies or to corroborating medical researchers,
when the confidential information is necessary to carry out the
duties of the agency or researcher in the investigation, control, or
surveillance of disease, as determined by the state or local public
health agency.

begin delete

(c) Except as provided in paragraphs (1) to (3), inclusive, any
disclosure authorized by subdivision (a) or (b) shall include only
the information necessary for the purpose of that disclosure and
shall be made only upon agreement that the information will be
kept confidential and will not be further disclosed without written
authorization, as described in subdivision (a).

end delete begin delete

(1)

end delete

begin insert (c) end insert begin insert   end insert begin insert (1) end insert  Notwithstanding any other law, the following disclosures
shall be authorized for the purpose of enhancing the completeness
of reporting to the federal Centers for Disease Control and
Prevention (CDC) of HIV/AIDS and coinfection with tuberculosis,
syphilis, gonorrhea, chlamydia, begin delete or other communicable and chronic
diseases of public health importance, as determined by the state
or local public health agency, including, but not limited to, end delete hepatitis
B, hepatitis C, begin delete salmonellosis, end delete begin insert and end insert meningococcal begin delete infection, and
listeriosis: end delete begin insert infection: end insert

(A) The local public health agency HIV surveillance staff may
further disclose the information to the health care provider who
provides HIV care to the HIV-positive person who is the subject
of the record for the purpose of assisting in compliance with
subdivision (a) of Section 121022.

(B) Local public health agency tuberculosis control staff may
further disclose the information to state public health agency
tuberculosis control staff, who may further disclose the information,
without disclosing patient identifying information, to the CDC, to
the extent the information is requested by the CDC and permitted
by subdivision (b), for purposes of the investigation, control, or
surveillance of HIV and tuberculosis coinfections.

(C) Local public health agency sexually transmitted disease
control staff may further disclose the information to state public
health agency sexually transmitted disease control staff, who may
further disclose the information, without disclosing patient
identifying information, to the CDC, to the extent it is requested
by the CDC and permitted by subdivision (b), for the purposes of
the investigation, control, or surveillance of HIV and syphilis,
gonorrhea, or chlamydia coinfection.

(D) Local public health agency communicable disease staff may
further disclose the information to state public health agency begin delete staff,
who may further disclose the information, without disclosing
patient identifying information, to the CDC, to the extent it is
requested by the CDC and permitted by subdivision (b), end delete begin insert staff end insert for
the purposes of the investigation, control, or surveillance of
begin delete coinfection with end delete HIV begin delete and other communicable and chronic diseases
of public health importance, as determined by the state or local
public health agency, including, but not limited to, end delete begin insert and coinfection
with end insert hepatitis B, hepatitis C, begin delete salmonellosis, end delete begin insert and end insert meningococcal
begin delete infection, and listeriosis. end delete begin insert infection. end insert

(2) Notwithstanding any other law, the following disclosures
shall be authorized for the purpose of facilitating appropriate
HIV/AIDS medical care and treatment:

(A) State public health agency HIV surveillance staff, AIDS
Drug Assistance Program staff, and care services staff may further
disclose the information to local public health agency staff, who
may further disclose the information to the HIV-positive person
who is the subject of the record, or the health care provider who
provides his or her HIV care, for the purpose of proactively offering
and coordinating care and treatment services to him or her.

(B) AIDS Drug Assistance Program staff and care services staff
in the State Department of Public Health may further disclose the
information directly to the HIV-positive person who is the subject
of the record or the health care provider who provides his or her
HIV care, for the purpose of proactively offering and coordinating
care and treatment services to him or her.

(C) Local public health agency staff may further disclose
acquired or developed information to the HIV-positive person who
is the subject of the record or the health care provider who provides
his or her HIV care for the purpose of proactively offering and
coordinating care and treatment services to him or her.

(3) Notwithstanding any other law, for the purpose of facilitating
appropriate medical care and treatment of persons coinfected with
HIV and tuberculosis, syphilis, gonorrhea, chlamydia, begin delete or other
communicable and chronic disease of public health importance,
as determined by the state or local public health agency, end delete begin insert hepatitis
B, hepatitis C, or meningococcal infection, end insert local public health
agency begin insert end insert begin insert sexually transmitted disease control, communicable disease
control, and tuberculosis control end insert staff may further disclose the
information to begin delete appropriate end delete state or local public health agency begin insert end insert
begin insert sexually transmitted disease control, communicable disease
control, and tuberculosis control end insert staff, the HIV-positive person
who is the subject of the record, or the health care provider who
provides begin delete care for the patient coinfected with HIV and tuberculosis,
syphilis, gonorrhea, chlamydia, or other communicable and chronic
disease. end delete begin insert his or her HIV, tuberculosis, hepatitis B, hepatitis C,
meningococcal infection, and sexually transmitted disease control
care. end insert

(4) For the purposes of paragraphs (2) and (3), “staff” shall not
include nongovernmental entities, but shall include state and local
contracted employees who work within state and local public health
departments.

(d) A confidential public health record, as defined in subdivision
(c) of Section 121035, shall not be disclosed, discoverable, or
compelled to be produced in any civil, criminal, administrative,
or other proceeding.

(e) (1) A person who negligently discloses the content of a
confidential public health record, as defined in subdivision (c) of
Section 121035, to a third party, except pursuant to a written
authorization, as described in subdivision (a), or as otherwise
authorized by law, shall be subject to a civil penalty in an amount
not to exceed five thousand dollars ($5,000), plus court costs, as
determined by the court. The penalty and costs shall be paid to the
person whose record was disclosed.

(2) A person who willfully or maliciously discloses the content
of any confidential public health record, as defined in subdivision
(c) of Section 121035, to a third party, except pursuant to a written
authorization, or as otherwise authorized by law, shall be subject
to a civil penalty in an amount not less than five thousand dollars
($5,000) and not more than twenty-five thousand dollars ($25,000),
plus court costs, as determined by the court. The penalty and costs
shall be paid to the person whose confidential public health record
was disclosed.

(3) A person who willfully, maliciously, or negligently discloses
the content of a confidential public health record, as defined in
subdivision (c) of Section 121035, to a third party, except pursuant
to a written authorization, or as otherwise authorized by law, that
results in economic, bodily, or psychological harm to the person
whose confidential public health record was disclosed, is guilty
of a misdemeanor, punishable by imprisonment in a county jail
for a period not to exceed one year, or a fine of not to exceed
twenty-five thousand dollars ($25,000), or both, plus court costs,
as determined by the court. The penalty and costs shall be paid to
the person whose confidential public health record was disclosed.

(4) A person who commits an act described in paragraph (1),
(2), or (3), shall be liable to the person whose confidential public
health record was disclosed for all actual damages for economic,
bodily, or psychological harm that is a proximate result of the act.

(5) Each violation of this section is a separate and actionable
offense.

(6) This section does not limit or expand the right of an injured
person whose confidential public health record was disclosed to
recover damages under any other applicable law.

(f) In the event that a confidential public health record, as
defined in subdivision (c) of Section 121035, is disclosed, the
information shall not be used to determine employability, or
insurability of a person.

begin insert

(g) Any disclosure authorized by subdivision (a), (b), or (c) shall
include only the information necessary for the purpose of that
disclosure and shall be made only upon the agreement that the
information (1) will be kept confidential and (2) will not be further
disclosed without written authorization, as described in subdivision
(a). Any unauthorized further disclosure will be subject to the
penalties described in subdivision (e).

end insert