BILL NUMBER: AB 2797	CHAPTERED  09/01/00

	CHAPTER   278
	FILED WITH SECRETARY OF STATE   SEPTEMBER 1, 2000
	APPROVED BY GOVERNOR   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	PASSED THE ASSEMBLY   MAY 25, 2000
	AMENDED IN ASSEMBLY   MAY 2, 2000

INTRODUCED BY   Assembly Member Papan

                        FEBRUARY 28, 2000

   An act to amend the heading of Chapter 5 (commencing with Section
56.26) of Part 2.6 of Division 1 of, and to add Section 56.265 to,
the Civil Code, relating to medical information confidentiality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2797, Papan.  Confidentiality of health, medical, or genetic
information.
   The Confidentiality of Medical Information Act places certain
restrictions on the disclosure of patient medical information and
other related information by health care providers, health care
service plans, and various other parties.  A violation of these
provisions is a crime, and also subjects a person in violation of
these provisions to administrative fines or civil penalties.
   This bill would provide that a person or entity that underwrites
or sells annuity contracts or contracts insuring, guaranteeing, or
indemnifying against loss, harm, damage, illness, disability, or
death, and any affiliate of that person or entity, shall not disclose
individually identifiable information concerning the health of, or
the medical or genetic history of, a customer, as specified, for use
with regard to the granting of credit.  Because a violation of the
bill's provisions would be a crime, this bill would impose a
state-mandated local program by creating a new crime.
  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.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The heading of Chapter 5 (commencing with Section
56.26) of Part 2.6 of Division 1 of the Civil Code is amended to
read:

      CHAPTER 5.  USE AND DISCLOSURE OF MEDICAL AND OTHER INFORMATION
BY THIRD PARTY ADMINISTRATORS AND OTHERS

  SEC. 2.  Section 56.265 is added to the Civil Code, to read:
   56.265.  A person or entity that underwrites or sells annuity
contracts or contracts insuring, guaranteeing, or indemnifying
against loss, harm, damage, illness, disability, or death, and any
affiliate of that person or entity, shall not disclose individually
identifiable information concerning the health of, or the medical or
genetic history of, a customer, to any affiliated or nonaffiliated
depository institution, or to any other affiliated or nonaffiliated
third party for use with regard to the granting of credit.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.