BILL NUMBER: AB 2590 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 22, 2010
INTRODUCED BY Assembly Member Bonnie Lowenthal
FEBRUARY 19, 2010
An act to amend Section 121010 of the Health and Safety
Code, relating to public health. An act to add Section
14132.31 to the Welfare and Institutions Code, relating to Medi-Cal.
LEGISLATIVE COUNSEL'S DIGEST
AB 2590, as amended, Bonnie Lowenthal. AIDS testing:
disclosure of results. Medi-Cal: disease management
programs: HIV/AIDS: disclosure of data: contractors.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services and
under which qualified low-income persons receive health care
services. Existing law requires the department to apply for a waiver
of federal law to test the efficacy of providing a disease management
benefit, as described, to specified beneficiaries under the Medi-Cal
program.
This bill would authorize the department to, in accordance with
federal law, provide to an entity that contracts with the state to
provide disease management services to persons with the human
immunodeficiency virus (HIV) or acquired immunodeficiency syndrome
(AIDS) all data in the department's possession that is necessary to
identify and enroll persons who are eligible for the disease
management program. This bill would impose certain requirements on
the above-described contractors to protect the confidentiality of the
data provided to the contractor by the department.
Existing law establishes the State Department of Public Health and
sets forth its powers and duties relating to the administration of
public health programs, including programs relating to the prevention
and control of communicable diseases. Existing law requires health
care providers and laboratories to report cases of HIV infection to
the local health officer using patient names, and requires local
health officers to report unduplicated HIV cases by name to the
department, but otherwise protects the confidentially of the reported
cases, with certain exception. Unauthorized willful or malicious
disclosure of related confidential information that results in
economic, physiological, or emotional harm is a crime.
Existing law specifies persons who may, without the consent of the
subject, receive information regarding the results of blood tests to
detect the probable causative agent of AIDS.
This bill would, instead, specify who may receive information
regarding the results of blood tests to detect HIV. The bill would
also permit disclosure of results to an agent or contractor of the
state that is authorized by contract with the state to provide
treatment to the subject of the test.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14132.31 is added to the
Welfare and Institutions Code , to read:
14132.31. (a) Notwithstanding any other provision of state law,
the department may, in accordance with federal law, provide to an
entity that contracts with the state to provide disease management
services to persons with the human immunodeficiency virus (HIV) or
acquired immunodeficiency syndrome (AIDS) all data in the department'
s possession that is necessary to identify and enroll persons who are
eligible for the disease management program.
(b) (1) The contractor described in subdivision (a) shall do all
of the following:
(A) Use only materials that are approved by the department for
outreach to potential enrollees in the disease management program.
(B) Implement and maintain procedures that are approved by the
department that guard against disclosure of confidential information
to unauthorized persons.
(C) Inform each enrollee in the disease management program of his
or her right to confidentiality and obtain the enrollee's consent
prior to release of confidential information, unless prior consent is
specifically not required.
(2) The contractor shall not disclose protected health information
supplied by the department to subcontractors for outreach and
enrollment purposes.
(c) Nothing in this section shall be construed to allow the
department to access the data reported and collected pursuant to
Section 121022 of the Health and Safety Code.
SECTION 1. Section 121010 of the Health and
Safety Code is amended to read:
121010. Notwithstanding Section 120975 or 120980, the results of
a blood test to detect HIV may be disclosed to any of the following
persons without written authorization of the subject of the test:
(a) To the subject of the test or the subject's legal
representative, conservator, or to any person authorized to consent
to the test pursuant to subdivision (b) of Section 120990.
(b) To a test subject's provider of health care, as defined in
subdivision (d) of Section 56.05 of the Civil Code, except that for
purposes of this section, "provider of health care" does not include
a health care service plan regulated pursuant to Chapter 2.2
(commencing with Section 1340) of Division 2.
(c) To an agent or employee of the test subject's provider of
health care who provides direct patient care and treatment.
(d) To a provider of health care who procures, processes,
distributes, or uses a human body part donated pursuant to the
Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section
7150) of Part 1 of Division 7).
(e) (1) To the designated officer of an emergency response
employee, and from that designated officer to an emergency response
employee regarding possible exposure to HIV or AIDS, but only to the
extent necessary to comply with provisions of the Ryan White
Comprehensive AIDS Resources Emergency Act of 1990 (Public Law
101-381; 42 U.S.C. Sec. 201).
(2) For purposes of this subdivision, "designated officer" and
"emergency response employee" have the same meaning as these terms
are used in the Ryan White Comprehensive AIDS Resources Emergency Act
of 1990 (Public Law 101-381; 42 U.S.C. Sec. 201).
(3) The designated officer shall be subject to the confidentiality
requirements specified in Section 120980, and may be personally
liable for unauthorized release of any identifying information about
the HIV results. Further, the designated officer shall inform the
exposed emergency response employee that the employee is also subject
to the confidentiality requirements specified in Section 120980, and
may be personally liable for unauthorized release of any identifying
information about the HIV test results.
(f) To an agent or contractor of the state that, by contract with
the state, is authorized to provide medical care and treatment to the
subject of the test.