BILL NUMBER: SB 368	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2009

INTRODUCED BY   Senator Maldonado

                        FEBRUARY 25, 2009

   An act to amend  Section 56.36 of the Civil Code, and to
amend Sections 1280.15 and 130202   Section 130203 
of the Health and Safety Code, relating to confidential medical
information.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 368, as amended, Maldonado. Confidential medical information:
unlawful disclosure. 
   (1) Existing 
    Existing  law, the Confidentiality of Medical
Information Act, generally prohibits the unlawful disclosure of
confidential patient information, sets forth criminal and civil
penalties for prescribed violations, and authorizes prescribed
persons to bring enforcement actions. 
   This bill would authorize a person who brings an action against a
licensed health care provider pursuant to those provisions to send a
recommendation for further investigation of, or discipline for, a
potential violation of those provisions to the licensee's relevant
licensing authority.  
   (2) Existing law establishes provisions for the licensing and
certification of clinics, health facilities, home health agencies,
and hospices under the jurisdiction of the State Department of Public
Health, prohibits the unlawful release of medical records by those
entities, and authorizes the department to assess administrative
penalties for violations.  
   This bill would, if the director finds that the violation was due
to unlawful conduct of a licensed health care professional, authorize
the director to send a recommendation for further investigation of,
or discipline for, a potential violation to the licensed health care
professional's relevant licensing authority  
   (3) Existing 
    Existing law requires a provider of health care, as defined,
to establish and implement specified safeguards to protect the
privacy of a patient's medical information. Existing  law
requires  every  a  provider of health care
to reasonably safeguard confidential medical information from
unauthorized or unlawful access, use, or disclosure. 
Existing 
    Existing  law establishes within the California Health
and Human Services Agency the Office of Health Information Integrity
to assess and impose administrative fines for a violation of these
provisions.  Existing law authorizes the director to send a
recommendation for further investigation of, or discipline for, a
potential violation to the licensee's relevant licensing authority.
 
   The law does not permit the office to assess prescribed
administrative penalties that are authorized to be assessed against
licensed health care providers by the State Department of Public
Health.  
   This bill would authorize the office to assess those
administrative penalties for unlawful disclosure of confidential
medical records if the Director of Public Health has delegated that
authority to the office.  
   This bill would authorize the office to audit the procedures and
records of a provider of health care at any time to determine the
provider's compliance with the Confidentiality of Medical Information
Act. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 130203 of the   Health
and Safety Code   is amended to read: 
   130203.  (a) Every provider of health care shall establish and
implement appropriate administrative, technical, and physical
safeguards to protect the privacy of a patient's medical information.
Every provider of health care shall reasonably safeguard
confidential medical information from any unauthorized access or
unlawful access, use, or disclosure. 
   (b) The office may audit the procedures and records of a provider
of health care at any time in order to determine the provider's
compliance with the requirements of subdivision (a).  
   (b) 
    (c)  In exercising its duties pursuant to this division,
the office shall consider the provider's capability, complexity,
size, and history of compliance with this section and other related
state and federal statutes and regulations, the extent to which the
provider detected violations and took steps to immediately correct
and prevent past violations from reoccurring, and factors beyond the
provider's immediate control that restricted the facility's ability
to comply with this section. All matter omitted in this version of
the bill appears in the bill as introduced in Senate, February 25,
2009 (JR11)