as amended, Waldron.
begin deleteHealth insurance. end delete
Existing law, the Health Insurance Portability and Accountability Implementation Act of 2001, establishes the Office of HIPAA Implementation within the California Health and Human Services Agency, which is responsible for implementing the provisions of the federal Health Insurance Portability and Accountability Act (HIPAA). Under the act, the office is required, until January 1, 2016, to, among other things, determine the provisions of state law that are preempted by HIPAA. The provisions of the act will repeal on that date.end delete
This bill would make technical, nonsubstantive changes to those provisions.end delete
begin deleteno end delete.
State-mandated local program: no.
The people of the State of California do enact as follows:
(a) Except as provided in this section, a person or
4entity may not do any of the following:
5(1) Publicly post or publicly display in any manner an
6individual’s social security number. “Publicly post” or “publicly
7display” means to intentionally communicate or otherwise make
8available to the general public.
9(2) Print an individual’s social security number on any card
10required for the individual to access products or services provided
11by the person or entity.
12(3) Require an individual to transmit his or her social security
13number over the Internet, unless the connection is secure or the
14social security number is encrypted.
15(4) Require an individual to use his or her social security number
16to access an Internet Web site, unless a password or unique
17personal identification number or other authentication device is
18also required to access the Internet Web site.
19(5) Print an individual’s social security number on any materials
20that are mailed to the individual, unless state or federal law requires
21the social security number to be on the document to be mailed.
22Notwithstanding this paragraph, social security numbers may be
23included in applications and forms sent by mail, including
24documents sent as part of an application or enrollment process, or
25to establish, amend or terminate an account, contract or policy, or
26to confirm the accuracy of the social security number. A social
27security number that is permitted to be mailed under this section
28may not be printed, in whole or in part, on a postcard or other
29 mailer not requiring an envelope, or visible on the envelope or
30without the envelope having been opened.
P3 1(6) Sell, advertise for sale, or offer to sell an individual’s social
2security number. For purposes of this paragraph, the following
4(A) “Sell” shall not include the release of an individual’s social
5security number if the release of the social security number is
6incidental to a larger transaction and is necessary to identify the
7individual in order to accomplish a legitimate business purpose.
8Release of an individual’s social security number for marketing
9purposes is not permitted.
10(B) “Sell” shall not include the release of an individual’s social
11security number for a purpose specifically authorized or specifically
12allowed by federal or state law.
13(b) This section does not prevent the collection, use, or release
14of a social security number as required by state or federal law or
15the use of a social security number for internal verification or
17(c) This section does not prevent an adult state correctional
18facility, an adult city jail, or an adult county jail from releasing an
19inmate’s social security number, with the inmate’s consent and
20upon request by the county veterans service officer or the United
21States Department of Veterans Affairs, for the purposes of
22determining the inmate’s status as a military veteran and his or her
23eligibility for federal, state, or local veterans’ benefits or services.
24(d) This section does not apply to documents that are recorded
25or required to be open to the public pursuant to Chapter 3.5
26(commencing with Section 6250), Chapter 14 (commencing with
27Section 7150) or Chapter 14.5 (commencing with Section 7220)
28of Division 7 of Title 1 of, Article 9 (commencing with Section
2911120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, or Chapter
309 (commencing with Section 54950) of Part 1 of Division 2 of
31Title 5 of, the Government Code. This section does not apply to
32records that are required by statute, case law, or California Rule
33of Court, to be made available to the public by entities provided
34for in Article VI of the California Constitution.
35(e) (1) In the case of a health care service plan, a provider of
36health care, an insurer or a pharmacy benefits manager, a contractor
37as defined in Section 56.05, or the provision by any person or
38entity of administrative or other services relative to health care or
39insurance products or services, including third-party administration
P4 1or administrative services only, this section shall become operative
2in the following manner:
3(A) On or before January 1, 2003, the entities listed in paragraph
4(1) shall comply with paragraphs (1), (3), (4), and (5) of subdivision
5(a) as these requirements pertain to individual policyholders or
7(B) On or before January 1, 2004, the entities listed in paragraph
8(1) shall comply with paragraphs (1) to (5), inclusive, of
9subdivision (a) as these requirements pertain to new individual
10policyholders or new individual contractholders and new groups,
11including new groups administered or issued on or after January
13(C) On or before July 1, 2004, the entities listed in paragraph
14(1) shall comply with paragraphs (1) to (5), inclusive, of
15subdivision (a) for all individual policyholders and individual
16contractholders, for all groups, and for all enrollees of the Healthy
17Families and Medi-Cal programs, except that for individual
18policyholders, individual contractholders and groups in existence
19prior to January 1, 2004, the entities listed in paragraph (1) shall
20comply upon the renewal date of the policy, contract, or group on
21or after July 1, 2004, but no later than July 1, 2005.
22(2) A health care service plan, a provider of health care, an
23insurer or a pharmacy benefits manager, a contractor, or another
24person or entity as described in paragraph (1) shall make reasonable
25efforts to cooperate, through systems testing and other means, to
26ensure that the requirements of this article are implemented on or
27before the dates specified in this section.
28(3) Notwithstanding paragraph (2), the Director of the
29Department of Managed Health Care, pursuant to the authority
30granted under Section 1346 of the Health and Safety Code, or the
31Insurance Commissioner, pursuant to the authority granted under
32Section 12921 of the Insurance Code, and upon a determination
33of good cause, may grant extensions not to exceed six months for
34compliance by health care service plans and insurers with the
35requirements of this section when requested by the health care
36service plan or insurer. Any extension granted shall apply to the
37health care service plan or insurer’s affected providers, pharmacy
38benefits manager, and contractors.
39(f) If a federal law takes effect requiring the United States
40Department of Health and Human Services to establish a national
P5 1unique patient health identifier program, a provider of health care,
2a health care service plan, a licensed health care professional, or
3a contractor, as those terms are defined in Section 56.05, that
4complies with the federal law shall be deemed in compliance with
6(g) A person or entity may not encode
or embed a social security
7number in or on a card or document, including, but not limited to,
8using a barcode, chip, magnetic strip, or other technology, in place
9of removing the social security number, as required by this section.
4 This section shall become operative, with respect to the
5University of California, in the following manner:
6(1) On or before January 1, 2004, the University of California
7shall comply with paragraphs (1), (2), and (3) of subdivision (a).
8(2) On or before January 1, 2005, the University of California
9shall comply with paragraphs (4) and (5) of subdivision (a).
section shall become operative with respect to the
12Franchise Tax Board on January 1, 2007.
14 This section shall become operative with respect to the
15California community college districts on January 1, 2007.
17 This section shall become operative with respect to the
18California State University system on July 1, 2005.
20 This section shall become operative, with respect to the
21California Student Aid Commission and its auxiliary organization,
22in the following manner:
23(1) On or before January 1, 2004, the commission and its
24auxiliary organization shall comply with paragraphs (1), (2), and
25(3) of subdivision (a).
26(2) On or before January 1, 2005, the commission and its
27auxiliary organization shall comply with paragraphs (4) and (5)
28of subdivision (a).
Section 130300 of the Health and Safety Code
30 is amended to read:
This division shall be known, and may be cited as,
32the Health Insurance Portability and Accountability Implementation
33Act of 2001.