BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 1443 (Galgiani) - Incarcerated persons:  health records
          
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          |Version: April 26, 2016         |Policy Vote: PUB. S. 6 - 0,     |
          |                                |          JUD. 7 - 0            |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 9, 2016       |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary:  SB 1443 would require the disclosure of medical,  
          dental, and mental health information, by electronic  
          transmission when possible, between a county correctional  
          facility, a county medical facility, a state correctional  
          facility, a state hospital, or a state-assigned mental health  
          provider when the jurisdiction of an inmate is transferred from  
          or between state and county facilities caring for inmates, as  
          specified. 


          Fiscal  
          Impact:  
            Department of Corrections and Rehabilitation (CDCR)  :  Minor,  
            absorbable ongoing costs (General Fund), as existing resources  
            include a records office at each institution and centralized  
            processing of requests for inmate records.
            Department of State Hospitals (DSH):   Negligible costs  
            (General Fund), as existing processes in place comply with the  







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            provisions of this bill.  
           County facilities  :  Major ongoing workload likely in the  
            millions of dollars annually. Local costs are potentially  
            state-reimbursable (General Fund) and may additionally be  
            subject in part to Proposition 30* funding requirements, for  
            county jails to comply with the information sharing mandate.  
            Costs would vary by county facility and would be dependent on  
            the number of requests and volume of records to be shared, as  
            well as the infrastructure in place and method utilized by  
            each county facility to share/disclose medical information.  
            Staff notes this bill creates a reporting mandate for the  
            sharing of information between county facilities which appears  
            unnecessary.
            Proposition 30*  :  Exempts the State from mandate reimbursement  
            for realigned responsibilities for "public safety services"  
            including the managing of local jails and the provision of  
            services for and supervision of juvenile and adult offenders.  
            However, legislation enacted after September 30, 2012, that  
            has an overall effect of increasing the costs already borne by  
            a local agency for public safety services apply to local  
            agencies only to the extent that the State provides annual  
            funding for the cost increase. The provisions of Proposition  
            30 have not been interpreted through the formal court process  
            to date, however, to the extent the county jail costs  
            resulting from this measure are determined to be applicable  
            under the provisions of Proposition 30, county jails would not  
            be obligated to provide the level of service required by the  
            bill above the level for which funding is provided by the  
            State.     


          Background:  Existing law under the Confidentiality of Medical Information  
          Act (CMIA) generally prohibits the sharing of a patient's  
          medical information but allows health care providers, service  
          plans, contractors, or other health care professionals or  
          facilities to disclose medical information for purposes of  
          diagnosis or treatment. (Civil Code § 56.10 (c)(1).)
          Existing law provides that unless the information is  
          unavailable, the Department of Corrections and Rehabilitation  
          (CDCR) is required to electronically transmit to a county agency  
          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 (PRCS) for  








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          the purpose of identifying the medical and mental health needs  
          of the individual. Existing law provides that all transmissions  
          to the county agency are to be incompliance with applicable  
          provisions of HIPAA, the HITECH Act, and the implementing of  
          federal privacy and security regulations, as specified. (Penal  
          Code § 3003(e)(2).)


          This bill seeks to improve prisoner healthcare and provide  
          continuity of care through the disclosure of medical and mental  
          health information of an inmate when jurisdiction is transferred  
          from or between state and county correctional facilities, while  
          complying with all federal and state laws regarding  
          confidentiality and security.




          Proposed Law:  
           This bill would provide that when the jurisdiction of an inmate  
          is transferred from or between the CDCR, DSH, 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. Additionally, this bill:
                 Requires information to be disclosed between a county  
               correctional facility, a county medical facility, a state  
               correctional facility, a state hospital, or a  
               state-assigned mental health provider to ensure the  
               continuity of health care of an inmate being transferred  
               between those facilities.


                 Requires all transmissions made pursuant to this section  
               to comply with the Confidentiality of Medical Information  
               Act, the Information Practices Act, 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  
               federal regulations relating to privacy and security, as  
               specified.










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                 Deletes the existing provision of law requiring the CDCR  
               to electronically transmit to a county agency 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 PRCS, for the purpose of identifying the  
               medical and mental health needs of the individual.


                 Under the CMIA provision of law enumerating the  
               circumstances in which health care providers or service  
               plans may disclose medical information, this bill requires  
               information to be disclosed 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 between those  
               facilities.




          Staff  
          Comments:  The CMIA authorizes the disclosure of medical  
          information by health care providers, contractors, service  
          plans, and health care professionals or facilities for the  
          purposes of diagnosis and treatment. As a result, it appears the  
          state and local agencies specified in this measure currently  
          have the authority to disclose this information to each other.  
          Further, by mandating the local agencies to disclose this  
          information, which would include sharing the information between  
          county agencies themselves, this bill creates a significant  
          state-mandated local program, potentially requiring  
          reimbursement from the state for these costs.


          Recommended  
          Amendments:  Staff recommends the following technical amendments  
          to Penal Code § 2601, on page 11, in lines 31-21:
          (c) Subject to  paragraphs   paragraph  (23)  and (24)  of subdivision  
          (c) of Section 56.10 of the Civil Code, as  those paragraphs  
          relate   that paragraph relates  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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