BILL ANALYSIS
SB 270
Page 1
SENATE THIRD READING
SB 270 (Alquist)
As Amended August 2, 2010
2/3 vote. Urgency
SENATE VOTE :33-0
HEALTH 19-0 APPROPRIATIONS 17-0
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|Ayes:|Monning, Fletcher, |Ayes:|Fuentes, Conway, |
| |Ammiano, Carter, Conway, | |Bradford, |
| |De La Torre, De Leon, | |Huffman, Coto, Davis, De |
| |Eng, Gaines, Hayashi, | |Leon, Gatto, Hall, |
| |Hernandez, Jones, Bonnie | |Harkey, Miller, Nielsen, |
| |Lowenthal, Nava, | |Norby, Skinner, Solorio, |
| |V. Manuel Perez, Salas, | |Torlakson, Torrico |
| |Smyth, Audra Strickland, | | |
| |Silva | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Clarifies existing law related to delays in reporting
unauthorized access to, and use or disclosure of, a patient's
medical information to the California Department of Public
Health (DPH), makes other specified clarifications, and extends
sunset for California Office of Health Insurance Portability and
Accountability Act of 2001 (HIPAA) Implementation (CalOHI).
Specifically, this bill :
1)Authorizes a clinic, health facility, home health agency, or
hospice to delay reporting unlawful or unauthorized access,
use, or disclosure of a patient's medical information to DPH
if a law enforcement agency or official provides the entity
with a written or oral statement that compliance with the
reporting requirement would likely impede the law enforcement
agency's investigation , rather than activities , that relates
to the unlawful or unauthorized access to, and use or
disclosure of, a patient's medical information.
2)Authorizes a law enforcement agency or official to request an
extension of the 60-day delay based upon a written declaration
that there exists a bona fide, ongoing, significant criminal
investigation of serious wrongdoing, that notification of
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patients will undermine the law enforcement agency's
investigation , rather than activities .
3)Clarifies for purposes of this bill, that internal paper
records, electronic mail, or facsimile transmissions
inadvertently misdirected within the same facility or health
care, as specified, shall not constitute unauthorized access
to, or use or disclosure of a patient's medical information.
4)Clarifies, for enforcement purposes, that it shall be presumed
that the facility did not notify the affected patient if the
notification was not documented and authorizes this
presumption to be rebutted by a licensee only if it
demonstrates, by a preponderance of evidence, that the
notification was made.
5)Extends the sunset date CalOHI from July 1, 2010, to January
1, 2013.
6)Contains an urgency clause to make the provisions of this bill
effective immediately upon enactment.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, annualized costs of $4 million (65% General Fund) to
extend the sunset of CalOHI until January 1, 2013. The CalOHI
funding is included in the 2010-11 Budget proposed by the
Governor and approved by the legislative budget committees.
COMMENTS : According to the author, this bill clarifies that
disclosure of medical privacy breaches can be suspended for law
enforcement investigations, rather than any law enforcement
activity, which significantly narrows the limit on disclosure of
medical privacy breaches. Additionally, this bill extends the
sunset of the state agency responsible for overseeing the
federal health information technology infrastructure grants,
including the federal health information exchange grant, and
serves as the primary resource for state entities on health
information privacy and the implementation of HIPAA regulations.
The sunset date for CalOHI is currently set for July 1, 2010,
which is why the author requests an urgency clause.
Analysis Prepared by : Martin Radosevich / HEALTH / (916)
319-2097
SB 270
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FN: 0006002