BILL ANALYSIS
AB 952
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Date of Hearing: May 28, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 952 (Kerkorian) - As Amended: May 19, 2009
Policy Committee: Health Vote:
19-0
Judiciary 10-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill revises California's Confidentiality of Medical
Information Act (CMIA) to authorize the release of summary
health information (SHI) by health plans to a third party if
authorized by, and consistent with, the federal Health Insurance
Portability and Accountability Act (HIPAA).
FISCAL EFFECT
No direct fiscal impact is created by this bill, which clarifies
California medical privacy laws to authorize access to summary
health information allowed by federal law for specified health
plans.
COMMENTS
1) Rationale . This bill modifies state law to address recently
HIPAA regulations that have created a barrier to the sharing
of SHI for specific health benefits governed by the Employer
Retirement Income Security Act (ERISA) and regulated by the
federal Department of Labor (DOL). The author indicates this
bill will allow the continued sharing of summary health
information so benefit administrators know they are paying
claims appropriately and consistently. Specifically, this
bill modifies state law to recognize ERISA DOL Taft-Hartley
health plans to allow these health plans to comply with state
law and HIPAA.
2) Background . California medical privacy law, often stricter
than federal law, requires providers to give patients access
AB 952
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to personal medical information, an opportunity to review and
correct this information, and assurance that medical
information be disclosed only as permitted by law. HIPAA,
enacted in 1996, accelerated the move from paper-based to
electronic transactions through the establishment of national
standards and requirements for the transmission, storage, and
handling of specified health care data.
Regulations promulgated under HIPAA created a national standard
for privacy of health information. The HIPAA privacy
regulations apply to all health plans, health care
clearinghouses, and health care providers who transmit any
health information in electronic form in connection with a
specified transaction, including claims, patient care
information, claims status, and report of injury.
Analysis Prepared by : Mary Ader / APPR. / (916) 319-2081