BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 174
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 174 (Monning)
          As Amended  August 24, 2012
          Majority vote
           
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          |ASSEMBLY:  |78-0 |(May 19, 2011)  |SENATE: |25-8 |(August 29,    |
          |           |     |                |        |     |2012)          |
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           Original Committee Reference:    HEALTH  

           SUMMARY  :  Establishes the California Health and Human Services 
          Automation Fund (Fund), in the State Treasury, to consist of 
          moneys appropriated to various specified health and human 
          services information technology (IT) projects, and requires the 
          moneys in the Fund to be available upon appropriation by the 
          Legislature for expenditure by the Office of Systems Integration 
          (OSI).

           The Senate amendments  delete the Assembly version of this bill 
          and instead:

          1)Establish the Fund and specify the sources of funding that 
            should be transferred to and appropriated from the fund. 

          2)Permit the Employment Development Department (EDD) and the 
            Franchise Tax Board (FTB) to share information and develop 
            data interfaces with the California Health Benefit Exchange 
            (Exchange) for purposes of enabling the Exchange to make 
            eligibility determinations and comply with certain federal 
            requirements. 

          3)Clarify that nothing in this bill overrides any existing state 
            or federal laws governing patient privacy or information 
            security.

          4)Make other technical and conforming changes to address 
            chaptering conflicts.

           AS PASSED BY THE ASSEMBLY  , this bill required the system of 
          electronic health records developed through health information 
          exchange demonstration projects permitted under existing law to 
          be implemented with the full participation of health consumers 
          and organizations concerned with protecting the privacy and 








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          security of patient information in the development of policies.

           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee:

          1)Minor costs to administer the Fund.

          2)Annual costs of about $20,000 to the EDD to provide required 
            information to the Exchange (California Health Trust Fund).

          3)Annual costs of about $20,000 to the FTB to provide required 
            information to the Exchange, based on projected costs to the 
            EDD for similar activities (California Health Trust Fund).

           COMMENTS  :  According to the author, this bill is needed to 
          formally re-establish the inadvertently abolished OSI Fund 
          within the Health and Human Services Agency and rename it as the 
          California Health and Human Services Automation Fund.  This bill 
          reinstates statutory authority for the Fund in order to prevent 
          future challenges to payments from the Fund.  The author states 
          that the OSI manages various major health and human services IT 
          projects that are worth hundreds of millions of dollars and this 
          bill is intended to ensure that the OSI has the statutory 
          authority it needs to fulfill its duties.

          In addition, the author notes that, currently, no mechanism 
          exists to allow the EDD and the FTB to share information with 
          the Exchange.  According to the author, this bill will 
          facilitate allowing the Exchange to have access to this 
          information in order to comply with eligibility determinations 
          and other requirements of federal health care reform. 

          This bill was substantially amended in the Senate and the 
          Assembly-approved version of this bill was deleted.  This bill, 
          as amended in the Senate, is inconsistent with Assembly actions 
          and the provisions of this bill, as amended in the Senate, have 
          not been heard in an Assembly policy committee.
           

          Analysis Prepared by  :    Cassie Royce / HEALTH / (916) 319-2097 


          FN: 0005682 
          









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