California 2009-2010 Regular Session Status: To Executive

SB 337 — Health information.

Last action — Chaptered by Secretary of State. Chapter 180, Statutes of 2009.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) 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. Existing law requires these entities to prevent unlawful or unauthorized access to, and use or disclosure of, a patient's medical information, and authorizes the department to assess administrative penalties for violations. Existing law also requires these entities to report instances of unlawful or unauthorized access to, and use or disclosure of, a patient's medical information to the department and to the affected patient or patient's representative, as prescribed, within 5 days of detecting it. This bill would specify that this period is 5 business days. This bill would require a clinic, health facility, home health agency, or hospice to delay reporting to the affected patient or patient's representative the unlawful or unauthorized access to, and use or disclosure of, a patient's medical information beyond 5 business days, as specified, if a law enforcement agency or official provides a written or oral statement that compliance with that reporting requirement would impede the law enforcement agency's activities that relate to the unlawful or unauthorized access to, and use or disclosure of, a patients medical information and specifying the date upon which the delay shall end, as prescribed. (2) Existing law establishes the Office of Health Information Integrity within the California Health and Human Services Agency to ensure the enforcement of state law mandating confidentiality of medical information and to impose administrative fines for the unauthorized use of medical information. This bill would, in addition, authorize the California Health and Human Services Agency to apply for federal health information technology and exchange funding and would, if no application is made by that date, require selection of a state-designated qualified nonprofit agency for the purposes of submitting an application for federal health information technology and exchange funding. This bill, in the event that the California Health and Human Services Agency applies for and receives federal health information technology and exchange funding, would create the California Health Information Technology and Exchange Fund in the State Treasury. The bill would require that all moneys in the fund be available, upon appropriation by the Legislature, for purposes related to health information technology and exchange. The bill would provide that the fund shall consist of, but would not be limited to, federal health information technology and exchange funding.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 180, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 1 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 25. Noes 8. Page 2418.) To enrollment.

  5. From committee: That the Assembly amendments be concurred in. (Ayes 8. Noes 3. Page 2468.)

  6. From committee: Pursuant to Senate Rule 29.10 be re-referred to Com. on HEALTH. (Ayes 3. Noes 0. Page 2410.) Re-referred to Com. on HEALTH.

  7. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  8. In Senate.

  9. Read third time. Passed. (Ayes 75. Noes 3. Page 3334.) To Senate.

  10. Read second time. To third reading.

  11. From committee: Do pass. (Ayes 15. Noes 0.)

  12. (Heard in committee on September 9.)

  13. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 19. Noes 0.) Re-referred to Com. on APPR.

  14. Joint Rule 62(a) file notice (Coms. on HEALTH and APPR.) suspended. (Page 3152.)

  15. Re-referred to Coms. on HEALTH and APPR. pursuant to Assembly Rule 77.2.

  16. Read third time. Amended. (Page 3040.)

  17. Action rescinded whereby the bill was read a third time, passed, and ordered to the Senate.

  18. In Assembly. Held at Desk.

  19. Ordered returned to Assembly for further action.

  20. From Special Consent Calendar.

  21. To Special Consent Calendar.

  22. In Senate. To unfinished business.

  23. Read third time. Passed. (Ayes 74. Noes 0. Page 2763.) To Senate.

  24. Read second time. To Consent Calendar.

  25. (Heard in committee on August 19.)

  26. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.)

  27. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  28. Read second time. Amended. Re-referred to Com. on APPR.

  29. (Heard in committee on June 30.)

  30. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 19. Noes 0.)

  31. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on HEALTH.

  32. To Com. on HEALTH.

  33. In Assembly. Read first time. Held at Desk.

  34. Read third time. Passed. (Ayes 39. Noes 0. Page 1012.) To Assembly.

  35. To Special Consent Calendar.

  36. Read second time. To third reading.

  37. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  38. Set for hearing May 18.

  39. Read second time. Amended. Re-referred to Com. on APPR.

  40. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 730.)

  41. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on HEALTH.

  42. Set for hearing April 29.

  43. To Com. on HEALTH.

  44. From print. May be acted upon on or after March 28.

  45. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Alquist · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Alquist

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 87 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 82201
Democratic 3000
Republican 2100
Total 87301
% of votes cast 96%3%0%1%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Charles — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Ammiano — Yea
Blakeslee — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Jeffries — Not Voting
Monning — Yea
Nava — Yea
Anderson — Nay
Bass — Yea
Nielsen — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Nestande — Yea
Ruskin — Yea
Skinner — Yea
Torres — Yea
Torrico — Yea
Emmerson — Yea
Evans — Yea
DeVore — Nay
Yamada — Yea
Fuller — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Yea

Official roll call →

Unfinished Supp 1 SB337 Alquist

Passed 26 Yea · 8 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 25706
Democratic 1001
Republican 0100
Total 26807
% of votes cast 63%20%0%17%
How each member voted (41)
Member Party Vote
Yee — Yea
Wyland — Nay
Lowenthal — Yea
Negrete — Yea
Cedillo — Yea
Runner — Nay
Cogdill — Not Voting
Hancock — Yea
Harman — Yea
Huff — Yea
Kehoe — Yea
Corbett — Yea
Leno — Yea
McLeod — Yea
Ashburn — Not Voting
Ducheny — Not Voting
Dutton — Not Voting
Oropeza — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Not Voting
Walters — Yea
Wiggins — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Benoit — Nay
Hollingsworth — Nay
Liu — Yea
Maldonado — Yea
Pavley — Yea
Wolk — Yea
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Passed 26 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 24000
Republican 2000
Total 26000
% of votes cast 100%0%0%0%
How each member voted (26)
Member Party Vote
Carter — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Audra — Yea
Hall — Yea
Hayashi — Yea
Ammiano — Yea
Nava — Yea
Adams — Yea
Block — Yea
Hernandez — Yea
Conway — Yea
Emmerson — Yea
Beth Gaines — Yea
Jones, Brian W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 18001
Democratic 1000
Republican 1000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Hall — Not Voting
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Coto — Yea
Miller — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Harkey — Yea
Nielsen — Yea
Conway — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 86 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 80005
Democratic 3000
Republican 3000
Total 86005
% of votes cast 95%0%0%5%
How each member voted (91)
Member Party Vote
Hall — Not Voting
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Feuer — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Charles — Yea
Gilmore — Yea
Hagman — Yea
Hayashi — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huffman — Yea
Jeffries — Yea
Fletcher — Yea
Fong — Yea
Anderson — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Knight — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Saldana — Not Voting
Evans — Not Voting
Fuentes — Not Voting
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Bass — Not Voting
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hernandez — Yea
Huber — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Villines — Yea
Emmerson — Yea
Eng — Yea
DeVore — Yea
Furutani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Hall — Yea
Harkey — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Conway — Yea
Miller — Yea
Ammiano — Yea
Duvall — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Hill — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 26 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 24000
Republican 2000
Total 26000
% of votes cast 100%0%0%0%
How each member voted (26)
Member Party Vote
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Audra — Yea
Carter — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Conway — Yea
Nava — Yea
Adams — Yea
Block — Yea
Blumenfield — Yea
Emmerson — Yea
Beth Gaines — Yea
Jones, Brian W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Republican 1000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Yea
Wyland — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Florez — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Negrete — Yea
Runner — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Ashburn — Yea
Benoit — Yea
Romero — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Maldonado — Yea
Simitian — Yea
Walters — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 10 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9002
Republican 1000
Total 10002
% of votes cast 83%0%0%17%
How each member voted (12)
Member Party Vote
Negrete — Yea
Maldonado — Yea
McLeod — Yea
Wolk — Yea
Aanestad — Yea
Alquist — Yea
Leno — Yea
Pavley — Yea
Cedillo — Not Voting
Cox — Not Voting
DeSaulnier — Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 337 do?
(1) 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. Existing law requires these entities to prevent unlawful or unauthorized access to, and use or disclosure of, a patient's medical information, and authorizes the department to assess administrative penalties for violations. Existing law also requires these entities to report instances of unlawful or unauthorized access to, and use or disclosure of, a patient's medical information to the department and to the affected patient or patient's representative, as prescribed, within 5 days of detecting it. This bill would specify that this period is 5 business days. This bill would require a clinic, health facility, home health agency, or hospice to delay reporting to the affected patient or patient's representative the unlawful or unauthorized access to, and use or disclosure of, a patient's medical information beyond 5 business days, as specified, if a law enforcement agency or official provides a written or oral statement that compliance with that reporting requirement would impede the law enforcement agency's activities that relate to the unlawful or unauthorized access to, and use or disclosure of, a patients medical information and specifying the date upon which the delay shall end, as prescribed. (2) Existing law establishes the Office of Health Information Integrity within the California Health and Human Services Agency to ensure the enforcement of state law mandating confidentiality of medical information and to impose administrative fines for the unauthorized use of medical information. This bill would, in addition, authorize the California Health and Human Services Agency to apply for federal health information technology and exchange funding and would, if no application is made by that date, require selection of a state-designated qualified nonprofit agency for the purposes of submitting an application for federal health information technology and exchange funding. This bill, in the event that the California Health and Human Services Agency applies for and receives federal health information technology and exchange funding, would create the California Health Information Technology and Exchange Fund in the State Treasury. The bill would require that all moneys in the fund be available, upon appropriation by the Legislature, for purposes related to health information technology and exchange. The bill would provide that the fund shall consist of, but would not be limited to, federal health information technology and exchange funding.
Who sponsors SB 337?
SB 337 is sponsored by Alquist.
What is the current status of SB 337?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 337?
Track SB 337 free on One Click Politics — get push/email alerts when it moves.

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