BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2083|
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THIRD READING
Bill No: AB 2083
Author: Chu (D)
Amended: 6/14/16 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/28/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
ASSEMBLY FLOOR: 78-0, 4/28/16 - See last page for vote
SUBJECT: Interagency child death review
SOURCE: Santa Clara County Board of Supervisors
DIGEST: This bill allows agencies, at the request of an
interagency child death review team, to disclose otherwise
confidential information.
ANALYSIS:
Existing federal law:
1) States that a Health Insurance Portability and
Accountability Act of 1996 (HIPPA) covered entity may use or
disclose health information as follows:
a) To the individual for treatment, payment or health
care operations;
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b) Incident to a use or disclosure otherwise permitted if
it is the minimum necessary to accomplish the purpose of
the use or disclosure;
c) Pursuant to an authorization or agreement by the
individual; and
d) Under circumstances set out in the rule for which
neither authorization nor agreement is required. (42
U.S.C. §§ 201 et seq.; 45 C.F.R. §§ 164 et seq.)
2) Holds that HIPPA regulations preempt any contrary provision
of state law unless the state law provides greater privacy
protection for an individual whose health information is
protected. (42 U.S.C. §§ 201 et seq.; 45 C.F.R. §§ 160 et
seq; See In re Estate of Broderick (2005) 125 P.3d 564.)
Existing state law:
1)Allows counties to establish interagency child death review
teams to assist local agencies in identifying and reviewing
suspicious child deaths and facilitating communication among
persons who perform autopsies and the various persons and
agencies involved in child abuse or neglect cases, but does
not require counties to establish child death review teams.
(Penal Code § 11174.32.)
2) States that interagency child death teams have been used
successfully to ensure that incidents of child abuse or
neglect are recognized and other siblings and non-offending
family members receive the appropriate services in cases
where a child has expired. (Penal Code § 11174.32(a).)
3) States that each county may develop a protocol that may be
used as a guideline by persons performing autopsies on
children to assist coroners and other persons who perform
autopsies in the identification of child abuse or neglect, in
the determination of whether child abuse or neglect
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contributed to death or whether child abuse or neglect had
occurred prior to but was not the actual cause of death, and
in the proper written reporting procedures for child abuse or
neglect, including the designation of the cause and mode of
death. (Penal Code § 11174.32(b).)
4) States that in developing an interagency child death team
and an autopsy protocol, each county, working in consultation
with local members of the California State Coroner's
Association and county child abuse prevention coordinating
councils, may solicit suggestions and final comments from
persons, including, but not limited to, (a) experts in the
field of forensic pathology; (b) pediatricians with expertise
in child abuse; (c) coroners and medical examiners; (d)
criminologists; (e) district attorneys; (f) child protective
services staff; (g) law enforcement personnel; (h)
representatives of local agencies which are involved with
child abuse or neglect reporting; (i) county health
department staff who deals with children's health issues; and
(j) local professional associations of persons described in
paragraphs (1) to (9), inclusive. (Penal Code, §
11174.32(c).)
5) Clarifies that records exempt from disclosure to third
parties pursuant to state or federal law shall remain exempt
from disclosure when they are in the possession of a child
death review team. (Penal Code § 11174.32(d).)
6) Requires each child death review team to make available to
the public findings, conclusions and recommendations of the
team, including aggregate statistical data on the incidences
and causes of child deaths. The team is required to withhold
the child's last name unless certain exceptions apply.
(Penal Code § 11174.32(e).)
7) Defines "local summary criminal history information" as "the
master record of information compiled by any local criminal
justice agency pertaining to the identification and criminal
history of any person, such as name, date of birth, physical
description, dates of arrests, arresting agencies and booking
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numbers, charges, dispositions, and similar data about the
person." (Penal Code § 13300, subd. (a)(1).)
8) States that "local summary criminal history information"
does not refer to records and data compiled by criminal
justice agencies other than that local agency, nor does it
refer to records of complaints to or investigations conducted
by, or records of intelligence information or security
procedures of, the local agency. (Penal Code § 13300, subd.
(a)(2).)
9) Requires a local criminal justice agency to furnish local
summary criminal history information to any of the following
when needed in the course of their duties: the courts, peace
officers, district attorneys, prosecuting city attorneys,
probation and parole officers, public defender or attorney of
record in a criminal case or in a case involving a
certificate of rehabilitation, any city or county district
office when needed in fulfilling employment, certification or
licensing duties, the subject of the local summary criminal
history information, managing or supervising correction
officers of a county jail, local child support agencies,
county child welfare agencies, humane officers, and other
expressly authorized by statute, as specified. (Penal Code §
13300, subd. (b).)
10)Permits a local criminal justice agency to furnish local
summary criminal history information to the following, upon a
showing of compelling need, to other specified entities,
including a public utility which operates a nuclear energy
facility, a peace officer from another country, public
officers other than peace officers of the United States, a
public utility when access is needed to assist in employing
person who will be entering private residences. (Penal Code
§ 13300, subd. (c).)
11)States that it is not a violation to disseminate statistical
or research information obtained from a record, provided that
the identity of the subject of the record is not disclosed.
(Penal Code §§ 13300, subd. (h), and 13305.)
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12)States that an employee of a local criminal justice agency
who knowingly furnishes a record or information obtained from
a record to a person who is not authorized by law to receive
the record or information is guilty of a misdemeanor. (Penal
Code § 13302.)
13)Punishes as a misdemeanor any person authorized by law to
receive a record or information obtained from a record who
knowingly furnishes the record or information to a person who
is not authorized by law to receive the record or
information. (Penal Code § 13303.)
14)Requires the Department of Justice (DOJ) to furnish state
summary criminal history information to specified entities,
if needed in the course of their duties, provided that when
information is furnished to assist an agency, officer, or
official of state or local government, a public utility, or
any other entity in fulfilling employment, certification, or
licensing duties, specified restrictions listed in the Labor
Code are followed. (Penal Code § 11105, subd. (b).)
15)Allows the DOJ to furnish state summary criminal history
information to specified entities and, when specifically
authorized, federal-level criminal history information, upon
a showing of a compelling need, provided that when
information is furnished to assist an agency, officer, or
official of state or local government, a public utility, or
any other entity in fulfilling employment, certification, or
licensing duties, specified restrictions listed in the Labor
Code are followed. (Penal Code § 11105, subd. (c).)
16)Allows the DOJ to charge a fee to reimburse department
costs, and a surcharge to fund system maintenance and
improvements, whenever state summary criminal history
information is furnished as the result of an application and
is to be used for employment, licensing, or certification
purposes. Allows, notwithstanding any other law, any person
or entity required to pay a fee to the DOJ for information
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received under this provision to charge the applicant a fee
sufficient to reimburse the person or entity for this
expense. (Penal Code § 11105, subd. (e).)
17)Authorizes, notwithstanding any other law, a human resource
agency or an employer to request from the DOJ records of all
convictions or any arrest pending adjudication involving the
offenses specified of a person who applies for a license,
employment, or volunteer position, in which he or she would
have supervisory or disciplinary power over a minor or any
person under his or her care. Requires the DOJ to furnish
the information to the requesting employer and also send a
copy of the information to the applicant. (Penal Code §
11105.3, subd. (a).)
18)Punishes as a misdemeanor any person authorized by law to
receive a record or information obtained from a record who
knowingly furnishes the record or information to a person who
is not authorized by law to receive the record or
information. (Penal Code § 11142.)
19)Prohibits a provider of health care, health care service
plan, or contractor from disclosing medical information
regarding a patient of the provider of health care or an
enrollee or subscriber of a health care service plan without
first obtaining an authorization, except as provided. (Civil
Code § 56.10, subd. (a).)
20)Requires a provider of health care, health care service
plan, or contractor to disclose medical information regarding
a patient of the provider of health care or an enrollee or
subscriber of a health care service plan if the disclosure is
compelled by any of the following:
a) By a court pursuant to an order of that court;
b) By a board, commission, or administrative agency for
purposes of adjudication pursuant to its lawful authority;
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c) By a party to a proceeding before a court or
administrative agency pursuant to a subpoena, subpoena
duces tecum, notice to appear served pursuant to Section
1987 of the Code of Civil Procedure, or any provision
authorizing discovery in a proceeding before a court or
administrative agency;
d) By a board, commission, or administrative agency
pursuant to an investigative subpoena issued under Article
2 (commencing with Section 11180) of Chapter 2 of Part 1
of Division 3 of Title 2 of the Government Code;
e) By an arbitrator or arbitration panel, when
arbitration is lawfully requested by either party,
pursuant to a subpoena duces tecum issued under Section
1282.6 of the Code of Civil Procedure, or another
provision authorizing discovery in a proceeding before an
arbitrator or arbitration panel;
f) By a search warrant lawfully issued to a governmental
law enforcement agency;
g) By the patient or the patient's representative;
h) By a coroner, when requested in the course of an
investigation by the coroner's office for the purpose of
identifying the decedent or locating next of kin, or when
investigating deaths that may involve public health
concerns, organ or tissue donation, child abuse, elder
abuse, suicides, poisonings, accidents, sudden infant
deaths, suspicious deaths, unknown deaths, or criminal
deaths, or upon notification of, or investigation of,
imminent deaths that may involve organ or tissue donation
pursuant to Section 7151.15 of the Health and Safety Code,
or when otherwise authorized by the decedent's
representative. Medical information requested by the
coroner under this paragraph shall be limited to
information regarding the patient who is the decedent and
who is the subject of the investigation or who is the
prospective donor and shall be disclosed to the coroner
without delay upon request; or
i) When otherwise specifically required by law. (Civil
Code, § 56.10, subd. (b).)
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21)Allows a provider of health care, health care service plan,
or contractor to disclose medical information regarding a
patient of the provider of health care or an enrollee or
subscriber of a health care service plan to authorized
individuals or entities for research, billing, treatment and
other purposes, as specified. (Civil Code § 56.10, subd.
(c).)
22)Limits the disclosure of mental health information, as
specified. (Welfare & Institutions Code § 5328.)
23)Limits the disclosure of information from child abuse
reports and investigations, as specified. (Penal Code §
11167.5.)
24)Limits the disclosure of information pertaining to reports
by health practitioners of persons suffering from physical
injuries inflicted by means of a firearm or of persons
suffering physical injury where the injury is a result of
assaultive or abusive conduct. (Penal Code § 11163.2.)
25)Limits the disclosure of records of in-home supportive
services, as specified. (Welfare & Institutions Code §
10850.)
This bill:
1) Allows, but does not require agencies to disclose, orally or
in writing, otherwise confidential information pertaining to
the child's death as requested by a child death review team.
This bill does not require those agencies to disclose any
requested confidential information. The disclosed
information may include the following:
a) Medical information, as provided;
b) Mental health information, as provided;
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c) Information from child abuse reports and
investigations, except the identity of the person making
the report which shall not be disclosed;
d) State summary criminal history information, as
defined;
e) Criminal offender record information, as defined;
f) Local summary criminal history information, as
defined;
g) Information pertaining to reports by health
practitioners of persons suffering from physical injuries
inflicted by means of a firearm or of persons suffering
physical injury where the injury is a result of assaultive
or abusive conduct; and
h) Records of in-home supportive services, unless
disclosure is prohibited by federal law.
2) States that agencies and individuals receiving these
requests may rely on the request to release the information
sought in the request.
Background
The primary purpose of child death review teams is to prevent
future child deaths. At the county level, these teams produce
educational materials so that the more common causes of child
death can be prevented. In Sacramento County for example, the
Sacramento County Child Death Review Team reviews the deaths of
every child that dies and subsequently uses the report's
findings in order to create various public awareness campaigns.
The recommendations have translated to the Shaken Baby Syndrome
Prevention Campaign, the Infant Safe Sleep Campaign, and the
Drowning Prevention Campaign to reduce preventable deaths.
The statewide child death review council is responsible for
collecting data and information from the counties and turning it
into reports to the public and Legislature. Part of the
statutory scheme that created child death review teams included
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the creation of the Child Death Review Council "to coordinate
and integrate state and local efforts to address fatal child
abuse or neglect, and to create a body of information to prevent
child deaths." (Penal Code Section 11174.34(a)(1).) The Child
Death Review Council is required to "[a]nalyze and interpret
state and local data on child death in an annual report to be
submitted to local child death review teams with copies to the
Governor and the Legislature, no later than July 1 each year.
Copies of the report shall also be distributed to California
Public Officials who deal with child abuse issues and to those
agencies responsible for child death investigation in each
county. The report shall contain, but not be limited to,
information provided by state agencies and the county child
death review teams for the preceding year." (Penal Code Section
11174.34(d)(1).) Therefore, a report analyzing the data
collected by each local child death review team is currently a
public document. Requiring each local child death review team
to also make public its own data appears to be consistent with
the overall objectives of the teams (i.e. creating a body of
information on the causes of child deaths to help prevent such
tragedies). Increased transparency may also enhance the
public's trust in local child death review teams.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified8/1/16)
Santa Clara County Board of Supervisors (source)
Board of Behavioral Sciences
County Behavioral Health Directors Association of California
County Health Executives Association of California
Health Officers Association of California
Junior Leagues of California State Public Affairs Committee
Legal Advocates for Children and Youth
OPPOSITION: (Verified8/1/16)
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None received
ASSEMBLY FLOOR: 78-0, 4/28/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Burke, Calderon,
Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper,
Dababneh, Dahle, Dodd, Eggman, Frazier, Beth Gaines,
Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger
Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,
Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,
McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,
O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Brown, Daly
Prepared by:Molly Lao / PUB. S. /
8/4/16 8:57:30
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