Amended in Senate March 28, 2016

Senate Bill No. 1443

Introduced by Senator Galgiani

February 19, 2016

An act to amend Section begin delete 38570 of the Health and Safety Code, end delete begin insert end insert begin insert 56.10 of the Civil Code, and to amend Sections 2601 and 3003 of, and to add Section 5073 to, the Penal Code, end insert relating to begin delete greenhouse gases. end delete begin insert incarcerated persons. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1443, as amended, Galgiani. begin delete California Global Warming Solutions Act of 2006: market-based compliance mechanisms. end delete begin insert Incarcerated persons: health records. end insert

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(1) Existing law, the Confidentiality of Medical Information Act, prohibits a health care provider, a contractor, or a health care service plan from disclosing medical information, as defined, regarding a patient of the provider or an enrollee or subscriber of the health care service plan without first obtaining an authorization, except as specified. Existing law authorizes a provider of health care or a health care service plan to disclose medical information when, among other things, the information is disclosed to an insurer, employer, health care service plan, hospital service plan, employee benefit plan, governmental authority, contractor, or other person or entity responsible for paying for health care services rendered to the patient, to the extent necessary to allow responsibility for payment to be determined and payment to be made.

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This bill would additionally authorize the disclosure of information between a county correctional facility, a county medical facility, a state correctional facility, or a state hospital to ensure the continuity of health care of an inmate being transferred among those facilities. The bill would also authorize the disclosure and exchange of information by a county correctional facility, a county medical facility, a state correctional facility, or a state hospital to a contracted licensed mental health provider performing a forensic evaluation of an offender or a mentally disordered offender (MDO) or a sexually violent predator (SVP) screening of an offender.

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(2) Existing law provides for certain civil rights that are retained by prisoners, including, among others, to correspond, confidentially, with any member of the State Bar or holder of public office, provided that the prison authorities may open and inspect incoming mail to search for contraband.

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This bill would expressly state that those rights include, subject to the bill’s provisions relating to the disclosure of medical information described above, all privacy rights legally applicable to inmates.

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(3) Existing law generally requires that an inmate released on parole or postrelease community supervision be returned to the county of last legal residence. Existing law requires the Department of Corrections and Rehabilitation to electronically transmit to specified county agencies an inmate’s tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision for the purpose of identifying the medical and mental health needs of the individual. Existing law requires those transmissions to the county agencies to be in compliance with applicable provisions of federal law.

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This bill would delete the electronic transmission requirement described above and instead would require, when jurisdiction of an inmate is transferred from or among the Department of Corrections and Rehabilitation, the State Department of State Hospitals, and county agencies caring for inmates, those agencies to disclose, by electronic transmission when possible, medical, dental, and mental health information regarding each transferred or released inmate, as provided by the bill’s provisions. By imposing additional duties on county agencies, the bill would impose a state-mandated local program.

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The bill would authorize the sharing of an inmate’s health information, as necessary for continuity of care, when an inmate is transferred between or among a state prison, a fire camp operated by the Department of Corrections and Rehabilitation, a state hospital, a county correctional facility, or a county medical facility providing medical or mental health services to offenders. The bill would require, when an inmate is being released by the Department of Corrections and Rehabilitation to postrelease community supervision, or is being retained in custody at a county or local jail, or county officials will otherwise have responsibility for the inmate’s ongoing health care needs, the department to disclose the inmate’s health information, as necessary for continuity of care, to the applicable county agency. The bill would provide that the medical, dental, and mental health information to be disclosed among the Department of Corrections and Rehabilitation, the State Department of State Hospitals, and county agencies is limited to the type and amount of information that is determined by licensed medical providers, as a matter of general policy or on a case-by-case basis, to be necessary for continuity of care or to perform a mandatory offender screening, such as an MDO screening or an SVP screening. The bill would authorize that information to be disclosed either as already maintained in existing medical records or as compiled for the purpose of the disclosure, and would authorize that information to include, among other things, medical history, physical information, and public health information. The bill would require all transmissions made pursuant to these provisions to comply with specified provisions of state and federal law, including, among others, the Confidentiality of Medical Information Act.

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(4) 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.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. The act authorizes the state board to include the use of market-based compliance mechanisms.

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This bill would make technical, nonsubstantive changes to those provisions.

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

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

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begin insert SECTION 1. end insert   

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begin insert Section 56.10 of the end insert begin insert Civil Code end insert begin insert is amended to
read: end insert

56.10.  

(a) A provider of health care, health care service plan,
or contractor shall not disclose 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 in subdivision (b) or (c).

(b) A provider of health care, a health care service plan, or a
contractor shall disclose medical information if the disclosure is
compelled by any of the following:

(1) By a court begin delete pursuant to an order of that court. end delete begin insert order. end insert

(2) By a board, commission, or administrative agency for
purposes of adjudication pursuant to its lawful authority.

(3) 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.

(4) 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.

(5) 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.

(6) By a search warrant lawfully issued to a governmental law
enforcement agency.

(7) By the patient or the patient’s representative pursuant to
Chapter 1 (commencing with Section 123100) of Part 1 of Division
106 of the Health and Safety Code.

(8) 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.

(9) When otherwise specifically required by law.

(c) A provider of health care or a health care service plan may
disclose medical information as follows:

(1) The information may be disclosed to providers of health
care, health care service plans, contractors, or other health care
professionals or facilities for purposes of diagnosis or treatment
of the patient. This includes, in an emergency situation, the
communication of patient information by radio transmission or
other means between emergency medical personnel at the scene
of an emergency, or in an emergency medical transport vehicle,
and emergency medical personnel at a health facility licensed
pursuant to Chapter 2 (commencing with Section 1250) of Division
2 of the Health and Safety Code.

(2) The information may be disclosed to an insurer, employer,
health care service plan, hospital service plan, employee benefit
plan, governmental authority, contractor, or other person or entity
responsible for paying for health care services rendered to the
patient, to the extent necessary to allow responsibility for payment
to be determined and payment to be made. If (A) the patient is, by
reason of a comatose or other disabling medical condition, unable
to consent to the disclosure of medical information and (B) no
other arrangements have been made to pay for the health care
services being rendered to the patient, the information may be
disclosed to a governmental authority to the extent necessary to
determine the patient’s eligibility for, and to obtain, payment under
a governmental program for health care services provided to the
patient. The information may also be disclosed to another provider
of health care or health care service plan as necessary to assist the
other provider or health care service plan in obtaining payment
for health care services rendered by that provider of health care or
health care service plan to the patient.

(3) The information may be disclosed to a person or entity that
provides billing, claims management, medical data processing, or
other administrative services for providers of health care or health
care service plans or for any of the persons or entities specified in
paragraph (2). However, information so disclosed shall not be
further disclosed by the recipient in a way that would violate this
part.

(4) The information may be disclosed to organized committees
and agents of professional societies or of medical staffs of licensed
hospitals, licensed health care service plans, professional standards
review organizations, independent medical review organizations
and their selected reviewers, utilization and quality control peer
review organizations as established by Congress in Public Law
97-248 in 1982, contractors, or persons or organizations insuring,
responsible for, or defending professional liability that a provider
may incur, if the committees, agents, health care service plans,
organizations, reviewers, contractors, or persons are engaged in
reviewing the competence or qualifications of health care
professionals or in reviewing health care services with respect to
medical necessity, level of care, quality of care, or justification of
charges.

(5) The information in the possession of a provider of health
care or health care service plan may be reviewed by a private or
public body responsible for licensing or accrediting the provider
of health care or health care service plan. However, no
patient-identifying medical information may be removed from the
premises except as expressly permitted or required elsewhere by
law, nor shall that information be further disclosed by the recipient
in a way that would violate this part.

(6) The information may be disclosed to the county coroner in
the course of an investigation by the coroner’s office when
requested for all purposes not included in paragraph (8) of
subdivision (b).

(7) The information may be disclosed to public agencies, clinical
investigators, including investigators conducting epidemiologic
studies, health care research organizations, and accredited public
or private nonprofit educational or health care institutions for bona
fide research purposes. However, no information so disclosed shall
be further disclosed by the recipient in a way that would disclose
the identity of a patient or violate this part.

(8) A provider of health care or health care service plan that has
created medical information as a result of employment-related
health care services to an employee conducted at the specific prior
written request and expense of the employer may disclose to the
employee’s employer that part of the information that:

(A) Is relevant in a lawsuit, arbitration, grievance, or other claim
or challenge to which the employer and the employee are parties
and in which the patient has placed in issue his or her medical
history, mental or physical condition, or treatment, provided that
information may only be used or disclosed in connection with that
proceeding.

(B) Describes functional limitations of the patient that may
entitle the patient to leave from work for medical reasons or limit
the patient’s fitness to perform his or her present employment,
provided that no statement of medical cause is included in the
information disclosed.

(9) Unless the provider of health care or a health care service
plan is notified in writing of an agreement by the sponsor, insurer,
or administrator to the contrary, the information may be disclosed
to a sponsor, insurer, or administrator of a group or individual
insured or uninsured plan or policy that the patient seeks coverage
by or benefits from, if the information was created by the provider
of health care or health care service plan as the result of services
conducted at the specific prior written request and expense of the
sponsor, insurer, or administrator for the purpose of evaluating the
application for coverage or benefits.

(10) The information may be disclosed to a health care service
plan by providers of health care that contract with the health care
service plan and may be transferred among providers of health
care that contract with the health care service plan, for the purpose
of administering the health care service plan. Medical information
shall not otherwise be disclosed by a health care service plan except
in accordance with this part.

(11) This part does not prevent the disclosure by a provider of
health care or a health care service plan to an insurance institution,
agent, or support organization, subject to Article 6.6 (commencing
with Section 791) of Chapter 1 of Part 2 of Division 1 of the
Insurance Code, of medical information if the insurance institution,
agent, or support organization has complied with all of the
requirements for obtaining the information pursuant to Article 6.6
(commencing with Section 791) of Chapter 1 of Part 2 of Division
1 of the Insurance Code.

(12) The information relevant to the patient’s condition, care,
and treatment provided may be disclosed to a probate court
investigator in the course of an investigation required or authorized
in a conservatorship proceeding under the
Guardianship-Conservatorship Law as defined in Section 1400 of
the Probate Code, or to a probate court investigator, probation
officer, or domestic relations investigator engaged in determining
the need for an initial guardianship or continuation of an existing
guardianship.

(13) The information may be disclosed to an organ procurement
organization or a tissue bank processing the tissue of a decedent
for transplantation into the body of another person, but only with
respect to the donating decedent, for the purpose of aiding the
transplant. For the purpose of this paragraph, “tissue bank” and
“tissue” have the same meanings as defined in Section 1635 of the
Health and Safety Code.

(14) The information may be disclosed when the disclosure is
otherwise specifically authorized by law, including, but not limited
to, the voluntary reporting, either directly or indirectly, to the
federal Food and Drug Administration of adverse events related
to drug products or medical device problems, or to disclosures
made pursuant to subdivisions (b) and (c) of Section 11167 of the
Penal Code by a person making a report pursuant to Sections
11165.9 and 11166 of the Penal Code, provided that those
disclosures concern a report made by that person.

(15) Basic information, including the patient’s name, city of
residence, age, sex, and general condition, may be disclosed to a
state-recognized or federally recognized disaster relief organization
for the purpose of responding to disaster welfare inquiries.

(16) The information may be disclosed to a third party for
purposes of encoding, encrypting, or otherwise anonymizing data.
However, no information so disclosed shall be further disclosed
by the recipient in a way that would violate this part, including the
unauthorized manipulation of coded or encrypted medical
information that reveals individually identifiable medical
information.

(17) For purposes of disease management programs and services
as defined in Section 1399.901 of the Health and Safety Code,
information may be disclosed as follows: (A) to an entity
contracting with a health care service plan or the health care service
plan’s contractors to monitor or administer care of enrollees for a
covered benefit, if the disease management services and care are
authorized by a treating physician, or (B) to a disease management
organization, as defined in Section 1399.900 of the Health and
Safety Code, that complies fully with the physician authorization
requirements of Section 1399.902 of the Health and Safety Code,
if the health care service plan or its contractor provides or has
provided a description of the disease management services to a
treating physician or to the health care service plan’s or contractor’s
network of physicians. This paragraph does not require physician
authorization for the care or treatment of the adherents of a
well-recognized church or religious denomination who depend
solely upon prayer or spiritual means for healing in the practice
of the religion of that church or denomination.

(18) The information may be disclosed, as permitted by state
and federal law or regulation, to a local health department for the
purpose of preventing or controlling disease, injury, or disability,
including, but not limited to, the reporting of disease, injury, vital
events, including, but not limited to, birth or death, and the conduct
of public health surveillance, public health investigations, and
public health interventions, as authorized or required by state or
federal law or regulation.

(19) The information may be disclosed, consistent with
applicable law and standards of ethical conduct, by a
psychotherapist, as defined in Section 1010 of the Evidence Code,
if the psychotherapist, in good faith, believes the disclosure is
necessary to prevent or lessen a serious and imminent threat to the
health or safety of a reasonably foreseeable victim or victims, and
the disclosure is made to a person or persons reasonably able to
prevent or lessen the threat, including the target of the threat.

(20) The information may be disclosed as described in Section
56.103.

(21) (A) The information may be disclosed to an employee
welfare benefit plan, as defined under Section 3(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1002(1)),
which is formed under Section 302(c)(5) of the Taft-Hartley Act
(29 U.S.C. Sec. 186(c)(5)), to the extent that the employee welfare
benefit plan provides medical care, and may also be disclosed to
an entity contracting with the employee welfare benefit plan for
billing, claims management, medical data processing, or other
administrative services related to the provision of medical care to
persons enrolled in the employee welfare benefit plan for health
care coverage, if all of the following conditions are met:

(i) The disclosure is for the purpose of determining eligibility,
coordinating benefits, or allowing the employee welfare benefit
plan or the contracting entity to advocate on the behalf of a patient
or enrollee with a provider, a health care service plan, or a state
or federal regulatory agency.

(ii) The request for the information is accompanied by a written
authorization for the release of the information submitted in a
manner consistent with subdivision (a) and Section 56.11.

(iii) The disclosure is authorized by and made in a manner
consistent with the Health Insurance Portability and Accountability
Act of 1996 (Public Law 104-191).

(iv) Any information disclosed is not further used or disclosed
by the recipient in any way that would directly or indirectly violate
this part or the restrictions imposed by Part 164 of Title 45 of the
Code of Federal Regulations, including the manipulation of the
information in any way that might reveal individually identifiable
medical information.

(B) For purposes of this paragraph, Section 1374.8 of the Health
and Safety Code shall not apply.

(22) Information may be disclosed pursuant to subdivision (a)
of Section 15633.5 of the Welfare and Institutions Code by a person
required to make a report pursuant to Section 15630 of the Welfare
and Institutions Code, provided that the disclosure under
subdivision (a) of Section 15633.5 concerns a report made by that
person. Covered entities, as they are defined in Section 160.103
of Title 45 of the Code of Federal Regulations, shall comply with
the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) privacy rule pursuant to subsection
(c) of Section 164.512 of Title 45 of the Code of Federal
Regulations if the disclosure is not for the purpose of public health
surveillance, investigation, intervention, or reporting an injury or
death.

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(23) Information may be disclosed among a county correctional
facility, a county medical facility, a state correctional facility, or
a state hospital to ensure the continuity of health care of an inmate
being transferred among those facilities.

end insert begin insert

(24) Information may be disclosed and exchanged by a county
correctional facility, a county medical facility, a state correctional
facility, or a state hospital to a contracted licensed mental health
provider performing a forensic evaluation of an offender or a
mentally disordered offender (MDO) or sexually violent predator
(SVP) screening of an offender.

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(d) Except to the extent expressly authorized by a patient,
enrollee, or subscriber, or as provided by subdivisions (b) and (c),
a provider of health care, health care service plan, contractor, or
corporation and its subsidiaries and affiliates shall not intentionally
share, sell, use for marketing, or otherwise use medical information
for a purpose not necessary to provide health care services to the
patient.

(e) Except to the extent expressly authorized by a patient or
enrollee or subscriber or as provided by subdivisions (b) and (c),
a contractor or corporation and its subsidiaries and affiliates shall
not further disclose medical information regarding a patient of the
provider of health care or an enrollee or subscriber of a health care
service plan or insurer or self-insured employer received under
this section to a person or entity that is not engaged in providing
direct health care services to the patient or his or her provider of
health care or health care service plan or insurer or self-insured
employer.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 2601 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

2601.  

Subject only to the provisions of that section, each person
described in Section 2600 shall have the following civil rights:

(a) Except as provided in Section 2225 of the Civil Code, to
inherit, own, sell, or convey real or personal property, including
all written and artistic material produced or created by the person
during the period of imprisonment. However, to the extent
authorized in Section 2600, the Department of Corrections may
restrict or prohibit sales or conveyances that are made for business
purposes.

(b) To correspond, confidentially, with any member of the State
Bar or holder of public office, provided that the prison authorities
may open and inspect incoming mail to search for contraband.

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(c) Subject to paragraphs (23) and (24) of subdivision (c) of
Section 56.10 of the Civil Code, as those paragraphs relate to
medically necessary sharing of personal medical and mental health
information to further the continuity of care for offenders, to all
privacy rights legally applicable to inmates.

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(c)

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begin insert (d) end insert  (1) To purchase, receive, and read any and all newspapers,
periodicals, and books accepted for distribution by the United
States Post Office. Pursuant to this section, prison authorities may
exclude any of the following matter:

(A) Obscene publications or writings, and mail containing
information concerning where, how, or from whom this matter
may be obtained.

(B) Any matter of a character tending to incite murder, arson,
riot, violent racism, or any other form of violence.

(C) Any matter concerning gambling or a lottery.

(2) Nothing in this section shall be construed as limiting the
right of prison authorities to do the following:

(A) Open and inspect any and all packages received by an
inmate.

(B) Establish reasonable restrictions as to the number of
newspapers, magazines, and books that the inmate may have in
his or her cell or elsewhere in the prison at one time.

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(d)

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begin insert (e) end insert  To initiate civil actions, subject to a three dollar ($3) filing
fee to be collected by the Department of Corrections, in addition
to any other filing fee authorized by law, and subject to Title 3a
(commencing with Section 391) of the Code of Civil Procedure.

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(e)

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begin insert (f) end insert  To marry.

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(f)

end delete

begin insert (g) end insert  To create a power of appointment.

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(g)

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begin insert (h) end insert  To make a will.

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(h)

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begin insert (i) end insert  To receive all benefits provided for in Sections 3370 and
3371 of the Labor Code and in Section 5069.

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begin insert SEC. 3. end insert   

end insert

begin insert Section 3003 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3003.  

(a) Except as otherwise provided in this section, an
inmate who is released on parole or postrelease supervision as
provided by Title 2.05 (commencing with Section 3450) shall be
returned to the county that was the last legal residence of the inmate
prior to his or her incarceration. For purposes of this subdivision,
“last legal residence” shall not be construed to mean the county
wherein the inmate committed an offense while confined in a state
prison or local jail facility or while confined for treatment in a
state hospital.

(b) Notwithstanding subdivision (a), an inmate may be returned
to another county if that would be in the best interests of the public.
If the Board of Parole Hearings setting the conditions of parole
for inmates sentenced pursuant to subdivision (b) of Section 1168,
as determined by the parole consideration panel, or the Department
of Corrections and Rehabilitation setting the conditions of parole
for inmates sentenced pursuant to Section 1170, decides on a return
to another county, it shall place its reasons in writing in the
parolee’s permanent record and include these reasons in the notice
to the sheriff or chief of police pursuant to Section 3058.6. In
making its decision, the paroling authority shall consider, among
others, the following factors, giving the greatest weight to the
protection of the victim and the safety of the community:

(1) The need to protect the life or safety of a victim, the parolee,
a witness, or any other person.

(2) Public concern that would reduce the chance that the
inmate’s parole would be successfully completed.

(3) The verified existence of a work offer, or an educational or
vocational training program.

(4) The existence of family in another county with whom the
inmate has maintained strong ties and whose support would
increase the chance that the inmate’s parole would be successfully
completed.

(5) The lack of necessary outpatient treatment programs for
parolees receiving treatment pursuant to Section 2960.

(c) The Department of Corrections and Rehabilitation, in
determining an out-of-county commitment, shall give priority to
the safety of the community and any witnesses and victims.

(d) In making its decision about an inmate who participated in
a joint venture program pursuant to Article 1.5 (commencing with
Section 2717.1) of Chapter 5, the paroling authority shall give
serious consideration to releasing him or her to the county where
the joint venture program employer is located if that employer
states to the paroling authority that he or she intends to employ
the inmate upon release.

(e) (1) The following information, if available, shall be released
by the Department of Corrections and Rehabilitation to local law
enforcement agencies regarding a paroled inmate or inmate placed
on postrelease community supervision pursuant to Title 2.05
(commencing with Section 3450) who is released in their
jurisdictions:

(A) Last, first, and middle names.

(B) Birth date.

(C) Sex, race, height, weight, and hair and eye color.

(D) Date of parole or placement on postrelease community
supervision and discharge.

(E) Registration status, if the inmate is required to register as a
result of a controlled substance, sex, or arson offense.

(F) California Criminal Information Number, FBI number, social
security number, and driver’s license number.

(G) County of commitment.

(H) A description of scars, marks, and tattoos on the inmate.

(I) Offense or offenses for which the inmate was convicted that
resulted in parole or postrelease community supervision in this
instance.

(J) Address, including all of the following information:

(i) Street name and number. Post office box numbers are not
acceptable for purposes of this subparagraph.

(ii) City and ZIP Code.

(iii) Date that the address provided pursuant to this subparagraph
was proposed to be effective.

(K) Contact officer and unit, including all of the following
information:

(i) Name and telephone number of each contact officer.

(ii) Contact unit type of each contact officer such as units
responsible for parole, registration, or county probation.

(L) A digitized image of the photograph and at least a single
digit fingerprint of the parolee.

(M) A geographic coordinate for the inmate’s residence location
for use with a Geographical Information System (GIS) or
comparable computer program.

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(2) Unless the information is unavailable, the Department of
Corrections and Rehabilitation shall electronically transmit to the
county agency identified in subdivision (a) of Section 3451 the
inmate’s tuberculosis status, specific medical, mental health, and
outpatient clinic needs, and any medical concerns or disabilities
for the county to consider as the offender transitions onto
postrelease community supervision pursuant to Section 3450, for
the purpose of identifying the medical and mental health needs of
the individual. All transmissions to the county agency shall be in
compliance with applicable provisions of the federal Health
Insurance Portability and Accountability Act of 1996 (HIPAA)
(Public Law 104-191), the federal Health Information Technology
for Clinical Health Act (HITECH) (Public Law 111-005), and the
implementing of privacy and security regulations in Parts 160 and
164 of Title 45 of the Code of Federal Regulations. This paragraph
shall not take effect until the Secretary of the United States
Department of Health and Human Services, or his or her designee,
determines that this provision is not preempted by HIPAA.

(3) Except for the information required by paragraph (2), the

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert information required by this subdivision shall come
from the statewide parolee database. The information obtained
from each source shall be based on the same timeframe.

begin delete

(4)

end delete

begin insert (3) end insert  All of the information required by this subdivision shall be
provided utilizing a computer-to-computer transfer in a format
usable by a desktop computer system. The transfer of this
information shall be continually available to local law enforcement
agencies upon request.

begin delete

(5)

end delete

begin insert (4) end insert  The unauthorized release or receipt of the information
described in this subdivision is a violation of Section 11143.

(f) Notwithstanding any other law, an inmate who is released
on parole shall not be returned to a location within 35 miles of the
actual residence of a victim of, or a witness to, a violent felony as
defined in paragraphs (1) to (7), inclusive, and paragraph (16) of
subdivision (c) of Section 667.5 or a felony in which the defendant
inflicts great bodily injury on a person other than an accomplice
that has been charged and proved as provided for in Section
12022.53, 12022.7, or 12022.9, if the victim or witness has
requested additional distance in the placement of the inmate on
parole, and if the Board of Parole Hearings or the Department of
Corrections and Rehabilitation finds that there is a need to protect
the life, safety, or well-being of a victim or witness.

(g) Notwithstanding any other law, an inmate who is released
on parole for a violation of Section 288 or 288.5 whom the
Department of Corrections and Rehabilitation determines poses a
high risk to the public shall not be placed or reside, for the duration
of his or her parole, within one-half mile of a public or private
school including any or all of kindergarten and grades 1 to 12,
inclusive.

(h) Notwithstanding any other law, an inmate who is released
on parole or postrelease community supervision for a stalking
offense shall not be returned to a location within 35 miles of the
victim’s actual residence or place of employment if the victim or
witness has requested additional distance in the placement of the
inmate on parole or postrelease community supervision, and if the
Board of Parole Hearings or the Department of Corrections and
Rehabilitation, or the supervising county agency, as applicable,
finds that there is a need to protect the life, safety, or well-being
of the victim. If an inmate who is released on postrelease
community supervision cannot be placed in his or her county of
last legal residence in compliance with this subdivision, the
supervising county agency may transfer the inmate to another
county upon approval of the receiving county.

(i) The authority shall give consideration to the equitable
distribution of parolees and the proportion of out-of-county
commitments from a county compared to the number of
commitments from that county when making parole decisions.

(j) An inmate may be paroled to another state pursuant to any
other law. The Department of Corrections and Rehabilitation shall
coordinate with local entities regarding the placement of inmates
placed out of state on postrelease community supervision pursuant
to Title 2.05 (commencing with Section 3450).

(k) (1)  begin delete Except as provided in paragraph (2), the end delete begin insert The end insert Department
of Corrections and Rehabilitation shall be the agency primarily
responsible for, and shall have control over, the program, resources,
and staff implementing the Law Enforcement Automated Data
System (LEADS) in conformance with subdivision (e). County
agencies supervising inmates released to postrelease community
supervision pursuant to Title 2.05 (commencing with Section 3450)
shall provide any information requested by the department to
ensure the availability of accurate information regarding inmates
released from state prison. This information may include the
issuance of warrants, revocations, or the termination of postrelease
community supervision. On or before August 1, 2011, county
agencies designated to supervise inmates released to postrelease
community supervision shall notify the department that the county
agencies have been designated as the local entity responsible for
providing that supervision.

(2) Notwithstanding paragraph (1), the Department of Justice
shall be the agency primarily responsible for the proper release of
information under LEADS that relates to fingerprint cards.

(l) In addition to the requirements under subdivision (k), the
Department of Corrections and Rehabilitation shall submit to the
Department of Justice data to be included in the supervised release
file of the California Law Enforcement Telecommunications
System (CLETS) so that law enforcement can be advised through
CLETS of all persons on postrelease community supervision and
the county agency designated to provide supervision. The data
required by this subdivision shall be provided via electronic
transfer.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 5073 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 5073. end insert   

When jurisdiction of an inmate is transferred from or
among the Department of Corrections and Rehabilitation, the State
Department of State Hospitals, and county agencies caring for
inmates, these agencies shall disclose, by electronic transmission
when possible, medical, dental, and mental health information
regarding each transferred or released inmate as follows:

(a) An inmate’s health information, as necessary for continuity
of care, may be shared when an inmate is transferred between or
among any of the following facilities:

(1) A state prison.

(2) A fire camp operated by the Department of Corrections and
Rehabilitation.

(3) A state hospital.

(4) A county correctional facility.

(5) A county medical facility providing medical or mental health
services to offenders.

(b) When an inmate is being released by the Department of
Corrections and Rehabilitation to postrelease community
supervision pursuant to Section 3450, or is being retained in
custody at a county or local jail, or county officials will otherwise
have responsibility for the inmate’s ongoing health care needs,
the Department of Corrections and Rehabilitation shall disclose
the inmate’s health information, as necessary for continuity of
care, to the applicable county agency.

(c) The medical, dental, and mental health information to be
disclosed among the Department of Corrections and Rehabilitation,
the State Department of State Hospitals, and county agencies is
limited to the type and amount of information that is determined
by licensed medical providers, as a matter of general policy or on
a case-by-case basis, to be necessary for continuity of care or to
perform a mandatory offender screening, such as a mentally
disordered offender (MDO) screening or a sexually violent
predator (SVP) screening. The information may be disclosed either
as maintained in existing medical records or as compiled for the
purpose of the disclosure, and may include, but is not limited to,
all of the following:

(1) Medical history and physical information.

(2) Medications, including psychiatric and medical medications.

(3) Diagnostic information, such as lab and radiology tests.

(4) Public health information.

(5) Mental health evaluations, summaries, and treatment plans.

(6) Voluntary and involuntary mental health inpatient
admissions.

(7) Mental health commitments, capacity determinations, and
adjudications relating to an inmate’s danger to self, danger to
others, or the inmate’s having a grave disability.

(8) Dental histories, examinations, and treatment plans.

(d) All transmissions made pursuant to this section shall comply
with the Confidentiality of Medical Information Act (Part 2.6
(commencing with Section 56) of Division 1 of the Civil Code),
Chapter 1 (commencing with Section 123100) of Part 1 of Division
106 of the Health and Safety Code, the Information Practices Act
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4
of Division 3 of the Civil Code), the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA) (Public Law
104-191), the federal Health Information Technology for Clinical
Health Act (HITECH) (Public Law 111-005), and the
corresponding implementing regulations relating to privacy and
security in Parts 160 and 164 of Title 45 of the Code of Federal
Regulations.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert begin insert

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 insert

begin delete

SECTION 1.  

Section 38570 of the Health and Safety Code is
amended to read:

38570.  

(a) The state board may include in the regulations
adopted pursuant to Section 38562 the use of market-based
compliance mechanisms to comply with the regulations.

(b) Prior to the inclusion of a market-based compliance
mechanism in the regulations, to the extent feasible and in
furtherance of achieving the statewide greenhouse gas emissions
limit, the state board shall do all of the following:

(1) Consider the potential for direct, indirect, and cumulative
emission impacts from these mechanisms, including localized
impacts in communities that are already adversely impacted by air
pollution.

(2) Design a market-based compliance mechanism to prevent
an increase in the emissions of toxic air contaminants or criteria
air pollutants.

(3) Maximize additional environmental and economic benefits
for California, as appropriate.

(c) The state board shall adopt regulations governing how
market-based compliance mechanisms may be used by regulated
entities subject to greenhouse gas emission limits and mandatory
emission reporting requirements to achieve compliance with their
greenhouse gas emissions limits.

end delete