California 2009-2010 Regular Session Status: Enacted

AB 2028 — Confidentiality of medical information: disclosure.

Last action — Chaptered by Secretary of State - Chapter 540, Statutes of 2010.

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

This bill has been enacted into law. Introduced February 17, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law specifies certain agencies to which mandated reports of suspected child abuse or neglect shall be made. Existing law authorizes information relevant to the incident of child abuse or neglect to be given to an investigator from an agency that is investigating the case, as provided. Existing law also authorizes information relevant to the incident of elder or dependent adult abuse to be given to an investigator from an agency investigating the case, as provided. Existing law, the Confidentiality of Medical Information Act, prohibits a health care provider, a contractor, or a health care service plan from disclosing medical information, as defined, regarding a patient of the provider or an enrollee or subscriber of the health care service plan without first obtaining an authorization, except as specified. Existing law makes a violation of the act that results in economic loss or personal injury to a patient a misdemeanor. This bill would authorize a health care provider or a health care service plan to disclose information relevant to the incident of child abuse or neglect, or to the incident of elder or dependent adult abuse, that may be given to an investigator from an agency investigating the case, including the investigation report and other pertinent materials that may be given to the licensing agency. By changing the definition of a crime, the bill would impose a state-mandated local program. Existing law prohibits providers of health care, health care service plans, and contractors from releasing medical information to persons authorized by law to receive that information if the information specifically relates to a patient's participation in outpatient treatment with a psychotherapist, unless the requester of the information submits a specified written request for the information to the patient and to the provider of health care, health care service plan, or contractor. However, existing law excepts from those provisions specified disclosures that are made for the purpose of diagnosis or treatment of a patient or that are made to prevent or lessen a serious and imminent threat to the health or safety of a reasonably foreseeable victim or victims. This bill would also except from these provisions disclosures that are specifically authorized by law, including, but not limited to disclosures made to the federal Food and Drug Administration of adverse events related to drug products or medical devices or disclosures that authorize a health care provider or a health care service plan to disclose information relevant to the incident of child abuse or neglect, or to the incident of elder or dependent adult abuse, in the report that may be given to an investigator from an agency investigating the case or by a mandated reporter, as provided. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 540, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 3 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 76. Noes 0. Page 6283.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 17 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 32. Noes 0. Page 4486.)

  7. Read second time. To third reading.

  8. Read third time, amended. To second reading.

  9. Read second time. To third reading.

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

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 15).

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  14. In committee: Set, first hearing. Hearing canceled at the request of author.

  15. Referred to Com. on JUD.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time, passed, and to Senate. (Ayes 74. Noes 0. Page 5053.)

  18. Read second time. To Consent Calendar.

  19. From committee: Do pass. To Consent Calendar. (April 28).

  20. Re-referred to Com. on APPR.

  21. Read second time and amended.

  22. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 6).

  23. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 17. Noes 0.) (March 23).

  24. Re-referred to Com. on HEALTH.

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

  26. Referred to Coms. on HEALTH and JUD.

  27. From printer. May be heard in committee March 20.

  28. Read first time. To print.

Sponsors

  • Hernandez · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Hernandez

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

AB 2028 HERNANDEZ Concurrence in Senate Amendments

Passed 87 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 82003
Democratic 2001
Republican 3000
Total 87004
% of votes cast 96%0%0%4%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Eng — Yea
Evans — Yea
Feuer — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Bill — Yea
Tom — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Block — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Charles — Not Voting
Hall — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Not Voting
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Blakeslee — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
DeVore — Yea
Yamada — Yea
Fuller — Yea
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB2028 Hernandez By Leno

Passed 33 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 31005
Republican 1000
Democratic 1001
Total 33006
% of votes cast 85%0%0%15%
How each member voted (39)
Member Party Vote
Yee — Yea
Cogdill — Yea
Corbett — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ducheny — Not Voting
Hancock — Yea
Dutton — Yea
Harman — Not Voting
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
McLeod — Yea
Alquist — Yea
Ashburn — Yea
Oropeza — Not Voting
Pavley — Not Voting
Price — Yea
Romero — Yea
Simitian — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Leno — Yea
Steinberg — Yea
Wiggins — Not Voting
Cedillo — Yea
Wyland — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 2028 HERNANDEZ Consent Calendar Second Day Regular Session

Passed 84 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 78007
Democratic 3000
Republican 3000
Total 84007
% of votes cast 92%0%0%8%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Eng — Yea
Evans — Yea
Chesbro — Yea
Fuentes — Yea
Furutani — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Charles — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Beall — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
De — Not Voting
La — Not Voting
Torre — Not Voting
Garrick — Yea
Gilmore — Not Voting
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Bass — Not Voting
Lieu — Yea
Logue — Yea
Mendoza — Not Voting
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Blakeslee — Yea
Block — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Coto — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Fuller — Yea
Galgiani — 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 →

Do pass, to Consent Calendar.

Passed 16 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 16002
Democratic 0001
Total 16003
% of votes cast 84%0%0%16%
How each member voted (19)
Member Party Vote
Conway — Yea
Fuentes — Yea
Hall — Yea
Harkey — Yea
Bonnie — Yea
Lowenthal — Yea
Charles — Not Voting
Ammiano — Yea
Miller — Yea
Norby — Yea
Skinner — Yea
Solorio — Yea
Bradford — Not Voting
Hill — Yea
Nielsen — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Do pass and be re-referred to the Committee on Judiciary.

Passed 23 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 21003
Republican 2000
Total 23003
% of votes cast 88%0%0%12%
How each member voted (26)
Member Party Vote
Eng — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Audra — Yea
Bonnie — Not Voting
Lowenthal — Not Voting
Hayashi — Yea
Hernandez — Yea
Conway — Yea
Adams — Yea
Ammiano — Not Voting
Monning — Yea
Smyth — Yea
Nava — Yea
Carter — Yea
Emmerson — Yea
Beth Gaines — Yea
Jones, Brian W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

civil-rights healthcare
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Frequently asked questions

What does AB 2028 do?
Existing law specifies certain agencies to which mandated reports of suspected child abuse or neglect shall be made. Existing law authorizes information relevant to the incident of child abuse or neglect to be given to an investigator from an agency that is investigating the case, as provided. Existing law also authorizes information relevant to the incident of elder or dependent adult abuse to be given to an investigator from an agency investigating the case, as provided. Existing law, the Confidentiality of Medical Information Act, prohibits a health care provider, a contractor, or a health care service plan from disclosing medical information, as defined, regarding a patient of the provider or an enrollee or subscriber of the health care service plan without first obtaining an authorization, except as specified. Existing law makes a violation of the act that results in economic loss or personal injury to a patient a misdemeanor. This bill would authorize a health care provider or a health care service plan to disclose information relevant to the incident of child abuse or neglect, or to the incident of elder or dependent adult abuse, that may be given to an investigator from an agency investigating the case, including the investigation report and other pertinent materials that may be given to the licensing agency. By changing the definition of a crime, the bill would impose a state-mandated local program. Existing law prohibits providers of health care, health care service plans, and contractors from releasing medical information to persons authorized by law to receive that information if the information specifically relates to a patient's participation in outpatient treatment with a psychotherapist, unless the requester of the information submits a specified written request for the information to the patient and to the provider of health care, health care service plan, or contractor. However, existing law excepts from those provisions specified disclosures that are made for the purpose of diagnosis or treatment of a patient or that are made to prevent or lessen a serious and imminent threat to the health or safety of a reasonably foreseeable victim or victims. This bill would also except from these provisions disclosures that are specifically authorized by law, including, but not limited to disclosures made to the federal Food and Drug Administration of adverse events related to drug products or medical devices or disclosures that authorize a health care provider or a health care service plan to disclose information relevant to the incident of child abuse or neglect, or to the incident of elder or dependent adult abuse, in the report that may be given to an investigator from an agency investigating the case or by a mandated reporter, as provided. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 2028?
AB 2028 is sponsored by Hernandez.
What is the current status of AB 2028?
This bill has been enacted into law. Introduced February 17, 2010. Enacted.
Where can I track AB 2028?
Track AB 2028 free on One Click Politics — get push/email alerts when it moves.

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