BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1443 (Galgiani) - Incarcerated persons: health records ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 26, 2016 |Policy Vote: PUB. S. 6 - 0, | | | JUD. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 9, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- 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 SB 1443 (Galgiani) Page 1 of ? 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 SB 1443 (Galgiani) Page 2 of ? 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. SB 1443 (Galgiani) Page 3 of ? 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 toparagraphsparagraph (23)and (24)of subdivision (c) of Section 56.10 of the Civil Code, asthose paragraphs relatethat 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. SB 1443 (Galgiani) Page 4 of ? -- END --