California 2011-2012 Regular Session Status: Enacted

AB 439 — Health care information.

Last action — Chaptered by Secretary of State - Chapter 437, Statutes of 2012.

  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 14, 2011. 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 5 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, the Confidentiality of Medical Information Act (CMIA) , 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. In addition to other remedies available, existing law authorizes an individual to bring an action against any person or entity who has negligently released his or her confidential records in violation of those provisions for nominal damages of $1,000. This bill would specify that, in an action brought on or after January 1, 2013, a court may not award nominal damages if the defendant establishes specified factors as an affirmative defense, including, but not limited to, that it is a covered entity or business associate, as defined, that it has complied with any obligations to notify persons entitled to receive notice regarding the release of the information, and that it has taken appropriate preventative actions to protect the confidential information or records against release consistent with federal law, as specified. The bill would provide that if an affirmative defense is established as described above, the defendant shall not be liable for more than one judgment on the merits for releases of confidential information or records arising out of the same event, transaction, or occurrence.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 437, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:35 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6525.).

  5. Assembly Rule 77 suspended. (Page 6488.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4901.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time and amended. Ordered to third reading.

  11. From committee: Do pass as amended. (Ayes 4. Noes 1.) (July 3).

  12. In committee: Hearing postponed by committee.

  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. Held without recommendation.

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

  16. Referred to Com. on JUD.

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

  18. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1503.)

  19. Read second time. Ordered to third reading.

  20. Read second time and amended. Ordered to second reading.

  21. From committee: Do pass as amended. (Ayes 10. Noes 0.) (May 10).

  22. Re-referred to Com. on JUD.

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

  24. Referred to Com. on JUD.

  25. From printer. May be heard in committee March 17.

  26. Read first time. To print.

Sponsors

  • Skinner · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Skinner

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 439 SKINNER Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 76001
Democratic 1000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Halderman — Yea
Furutani — Yea
Garrick — Yea
Hagman — Yea
John A. Pérez — Yea
Mitchell — Yea
Hill — Yea
Atkins — Yea
Huber — Yea
Butler — Yea
Hueso — Yea
Huffman — Yea
Knight — Yea
Portantino — Yea
Mendoza — Yea
Campos — Yea
Allen — Yea
Miller — Yea
Alejo — Yea
Blumenfield — Yea
Carter — Yea
Cedillo — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Valadao — Yea
Williams — Yea
Bonilla — Yea
Fong — Yea
Fletcher — Yea
Fuentes — Yea
Galgiani — Yea
Gordon — Yea
Gorell — Not Voting
Hall — Yea
Hayashi — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Torres — Yea
Achadjian — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Jeffries — Yea
Lara — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Pan — Yea
Silva — Yea
Smyth — Yea
Wagner — Yea
Wieckowski — Yea
Chesbro — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Donnelly — Yea
Gatto — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB439 Skinner By Wolk

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 2000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Cannella — Yea
Wyland — Not Voting
Corbett — Yea
Evans — Yea
Correa — Yea
Fuller — Yea
Lowenthal — Yea
Dutton — Yea
De León — Yea
Hancock — Yea
Negrete McLeod — Yea
Harman — Yea
Rubio — Yea
Hernandez — Yea
Kehoe — Yea
Runner — Not Voting
Anderson — Yea
Blakeslee — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Price — Yea
Simitian — Not Voting
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Huff — Yea
Pavley — Yea
Walters — Yea
Emmerson — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 4 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Total 4100
% of votes cast 80%20%0%0%
How each member voted (5)
Member Party Vote
Leno — Yea
Harman — Yea
Corbett — Yea
Blakeslee — Nay
Evans — Yea

Official roll call →

AB 439 SKINNER Assembly Third Reading

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 75002
Democratic 1000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Halderman — Yea
Yamada — Yea
Butler — Yea
Garrick — Yea
Campos — Yea
Hagman — Yea
Hill — Yea
Huber — Yea
John A. Pérez — Yea
Mitchell — Yea
Jeffries — Yea
Knight — Yea
Atkins — Yea
Logue — Yea
Carter — Yea
Portantino — Yea
Cedillo — Yea
Allen — Yea
Ammiano — Yea
Davis — Yea
Donnelly — Yea
Olsen — Yea
Pan — Yea
Perea — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Wagner — Yea
Williams — Yea
Bonilla — Yea
Fuentes — Yea
Fong — Yea
Fletcher — Yea
Furutani — Yea
Galgiani — Yea
Conway — Yea
Cook — Not Voting
Gordon — Yea
Gorell — Not Voting
Beall — Yea
Block — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Lara — Yea
Ma — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Achadjian — Yea
Alejo — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hueso — Yea
Huffman — Yea
Mansoor — Yea
Mendoza — Yea
Miller — Yea
Norby — Yea
Skinner — Yea
Wieckowski — Yea
Chesbro — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Hagman — Yea
Atkins — Yea
Huber — Yea
Monning — Yea
Wieckowski — Yea
Huffman — Yea
Wagner — Yea
Feuer — Yea
Dickinson — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 439 do?
Existing law, the Confidentiality of Medical Information Act (CMIA) , 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. In addition to other remedies available, existing law authorizes an individual to bring an action against any person or entity who has negligently released his or her confidential records in violation of those provisions for nominal damages of $1,000. This bill would specify that, in an action brought on or after January 1, 2013, a court may not award nominal damages if the defendant establishes specified factors as an affirmative defense, including, but not limited to, that it is a covered entity or business associate, as defined, that it has complied with any obligations to notify persons entitled to receive notice regarding the release of the information, and that it has taken appropriate preventative actions to protect the confidential information or records against release consistent with federal law, as specified. The bill would provide that if an affirmative defense is established as described above, the defendant shall not be liable for more than one judgment on the merits for releases of confidential information or records arising out of the same event, transaction, or occurrence.
Who sponsors AB 439?
AB 439 is sponsored by Skinner.
What is the current status of AB 439?
This bill has been enacted into law. Introduced February 14, 2011. Enacted.
Where can I track AB 439?
Track AB 439 free on One Click Politics — get push/email alerts when it moves.

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