SB 1196 — Claims data disclosure.
Last action — Chaptered by Secretary of State. Chapter 869, Statutes of 2012.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 22, 2012. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 6 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 Knox-Keene Health Care Service Plan Act of 1975, provides for the licensing and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Insurance Commissioner. Except as specified, existing law prohibits a provider of health care, a health care service plan, or contractor from disclosing medical information regarding a patient of the provider of health care or an enrollee or subscriber of a health care service plan without first obtaining an authorization. Existing law, the federal Patient Protection and Affordable Care Act (PPACA) , requires the Secretary of Health and Human Services to make available to qualified entities, as defined, specified claims data relating to Medicare in order to evaluate the performance of providers and suppliers. Existing federal regulations require a qualified entity, as defined, to comply with specified requirements for Medicare claims data error correction. This bill would provide that no contract in existence or issued, amended, or renewed on or after January 1, 2013, between a health care service plan or a health insurer and a provider or supplier, as specified, shall prohibit, condition, or in any way restrict the disclosure of claims data related to health care services provided to specified individuals, to a qualified entity, as defined. The bill would require a health care service plan or health insurer to comply with all state and federal laws and implementing regulations for the protection of data privacy and security. Because a willful violation of these requirements by a health care service plan would constitute a crime, the bill would impose a state-mandated local program. This bill would further require a qualified entity, as defined, to comply with specified requirements for error correction for all claims data received, including data received from sources other than Medicare. Because a willful violation of the act by a health care service plan would constitute a crime, the bill would impose a state-mandated local program. 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
- Chaptered 09/30/12 - Chaptered Current pdf September 30, 2012
- Enrolled 08/31/12 - Enrolled pdf August 31, 2012
- Amended 08/22/12 - Amended Assembly pdf August 22, 2012
- Amended 06/28/12 - Amended Assembly pdf June 28, 2012
- Amended 06/19/12 - Amended Assembly pdf June 19, 2012
- Amended 04/10/12 - Amended Senate pdf April 10, 2012
- Amended 03/26/12 - Amended Senate pdf March 26, 2012
- Introduced 02/22/12 - Introduced pdf February 22, 2012
- SB1196 View text html
Action History
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Chaptered by Secretary of State. Chapter 869, Statutes of 2012.
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Approved by the Governor.
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Enrolled and presented to the Governor at 4 p.m.
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Assembly amendments concurred in. (Ayes 30. Noes 0. Page 4963.) Ordered to engrossing and enrolling.
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In Senate. Concurrence in Assembly amendments pending.
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Read third time. Passed. (Ayes 80. Noes 0. Page 6341.) Ordered to the Senate.
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Ordered to third reading.
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Read third time and amended. (Page 6086.)
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Ordered to third reading.
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From consent calendar.
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Read second time. Ordered to consent calendar.
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From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 8).
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 19. Noes 0.) (June 12).
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Referred to Com. on HEALTH.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 35. Noes 0. Page 3404.) Ordered to the Assembly.
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Read second time. Ordered to consent calendar.
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From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.
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Set for hearing April 30.
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From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0. Page 3229.) (April 18). Re-referred to Com. on APPR.
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(Corrected April 17.)
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
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Set for hearing April 18.
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Re-referred to Com. on HEALTH.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
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Referred to Com. on RLS.
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From printer. May be acted upon on or after March 24.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Hernandez · Primary
- Beth Gaines · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on
Sponsors (1)
- Hernandez
Co-sponsors (1)
Not signed on (120)
120 members have not signed on to this bill.
Show all 120 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 29 | 0 | 0 | 8 |
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 0 | 0 | 0 | 2 |
| Total | 30 | 0 | 0 | 10 |
| % of votes cast | 75% | 0% | 0% | 25% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Harman | — | Yea |
| Hernandez | — | Yea |
| Lowenthal | — | Yea |
| Blakeslee | — | Yea |
| Wolk | — | Yea |
| De León | — | Yea |
| Negrete McLeod | — | Yea |
| Evans | — | Yea |
| Runner | — | Not Voting |
| Rubio | — | Not Voting |
| Hancock | — | Not Voting |
| Kehoe | — | Not Voting |
| Leno | — | Yea |
| Lieu | — | Not Voting |
| Corbett | — | Yea |
| Dutton | — | Yea |
| Pavley | — | Not Voting |
| Price | — | Not Voting |
| Vargas | — | Yea |
| Wright | — | Yea |
| Alquist | — | Yea |
| Anderson | — | Yea |
| Huff | — | Yea |
| Liu | — | Yea |
| Simitian | — | Yea |
| Steinberg | — | Yea |
| Walters | — | Yea |
| Cannella | — | Yea |
| Wyland | — | Not Voting |
| Emmerson | — | Yea |
| Correa | — | Yea |
| DeSaulnier | — | Yea |
| Fuller | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| La Malfa | — | Yea |
| Calderon, Lisa | Democratic | Not Voting |
| Padilla, Stephen C. | Democratic | Not Voting |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 77 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 80 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Gordon | — | Yea |
| Hall | — | Yea |
| Butler | — | Yea |
| Hagman | — | Yea |
| Carter | — | Yea |
| Hill | — | Yea |
| Huber | — | Yea |
| John A. Pérez | — | Yea |
| Mitchell | — | Yea |
| Feuer | — | Yea |
| Atkins | — | Yea |
| Fuentes | — | Yea |
| Campos | — | Yea |
| Galgiani | — | Yea |
| Gatto | — | Yea |
| Gorell | — | Yea |
| Cedillo | — | Yea |
| Portantino | — | Yea |
| Halderman | — | Yea |
| Chesbro | — | Yea |
| Allen | — | Yea |
| Harkey | — | Yea |
| Hayashi | — | Yea |
| Bonilla | — | Yea |
| Huffman | — | Yea |
| Fong | — | Yea |
| Fletcher | — | Yea |
| Conway | — | Yea |
| Jeffries | — | Yea |
| Cook | — | Yea |
| Alejo | — | Yea |
| Ammiano | — | Yea |
| Beall | — | Yea |
| Davis | — | Yea |
| Donnelly | — | Yea |
| Knight | — | Yea |
| Lara | — | Yea |
| Logue | — | Yea |
| Mendoza | — | Yea |
| Miller | — | Yea |
| Monning | — | Yea |
| Morrell | — | Yea |
| Nestande | — | Yea |
| Norby | — | Yea |
| Olsen | — | Yea |
| Silva | — | Yea |
| Smyth | — | Yea |
| Solorio | — | Yea |
| Torres | — | Yea |
| Valadao | — | Yea |
| Wieckowski | — | Yea |
| Williams | — | Yea |
| Achadjian | — | Yea |
| Block | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Hueso | — | Yea |
| Ma | — | Yea |
| Mansoor | — | Yea |
| Nielsen | — | Yea |
| Pan | — | Yea |
| Perea | — | Yea |
| Skinner | — | Yea |
| Swanson | — | Yea |
| Wagner | — | Yea |
| Eng | — | Yea |
| Dickinson | — | Yea |
| Yamada | — | Yea |
| Furutani | — | Yea |
| Garrick | — | 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 17 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Fuentes | — | Yea |
| Campos | — | Yea |
| Hall | — | Yea |
| Harkey | — | Yea |
| Hill | — | Yea |
| Mitchell | — | Yea |
| Lara | — | Yea |
| Donnelly | — | Yea |
| Nielsen | — | Yea |
| Norby | — | Yea |
| Solorio | — | Yea |
| Wagner | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Davis | — | Yea |
| Gatto | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 19 | 0 | 0 | 0 |
| Total | 19 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (19)
| Member | Party | Vote |
|---|---|---|
| Gordon | — | Yea |
| Eng | — | Yea |
| Mitchell | — | Yea |
| Bonilla | — | Yea |
| Atkins | — | Yea |
| Garrick | — | Yea |
| Hayashi | — | Yea |
| Monning | — | Yea |
| Nestande | — | Yea |
| Pan | — | Yea |
| Silva | — | Yea |
| Williams | — | Yea |
| Ammiano | — | Yea |
| Logue | — | Yea |
| Mansoor | — | Yea |
| Smyth | — | Yea |
| Bonnie Lowenthal | — | Yea |
| Roger Hernández | — | Yea |
| V. Manuel Pérez | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 33 | 0 | 0 | 4 |
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 1 |
| Total | 35 | 0 | 0 | 5 |
| % of votes cast | 88% | 0% | 0% | 13% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Hancock | — | Yea |
| Harman | — | Yea |
| Hernandez | — | Yea |
| Blakeslee | — | Yea |
| Huff | — | Yea |
| Walters | — | Yea |
| Yee | — | Yea |
| Lowenthal | — | Yea |
| De León | — | Yea |
| Negrete McLeod | — | Yea |
| Rubio | — | Yea |
| Cannella | — | Not Voting |
| Runner | — | Not Voting |
| Alquist | — | Yea |
| Anderson | — | Not Voting |
| Corbett | — | Yea |
| Correa | — | Yea |
| Dutton | — | Yea |
| Price | — | Yea |
| Vargas | — | Yea |
| Wright | — | Yea |
| Kehoe | — | Yea |
| Leno | — | Yea |
| Lieu | — | Yea |
| Liu | — | Yea |
| Pavley | — | Yea |
| Simitian | — | Not Voting |
| Steinberg | — | Yea |
| Wolk | — | Yea |
| Wyland | — | Yea |
| Emmerson | — | Yea |
| Evans | — | Yea |
| DeSaulnier | — | Yea |
| Fuller | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| La Malfa | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Not Voting |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 0 | 0 | 0 |
| Total | 9 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Rubio | — | Yea |
| De León | — | Yea |
| Hernandez | — | Yea |
| Wolk | — | Yea |
| Alquist | — | Yea |
| Anderson | — | Yea |
| Blakeslee | — | Yea |
| Harman | — | Yea |
| DeSaulnier | — | Yea |
Subjects
Frequently asked questions
- What does SB 1196 do?
- Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensing and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Insurance Commissioner. Except as specified, existing law prohibits a provider of health care, a health care service plan, or contractor from disclosing medical information regarding a patient of the provider of health care or an enrollee or subscriber of a health care service plan without first obtaining an authorization. Existing law, the federal Patient Protection and Affordable Care Act (PPACA) , requires the Secretary of Health and Human Services to make available to qualified entities, as defined, specified claims data relating to Medicare in order to evaluate the performance of providers and suppliers. Existing federal regulations require a qualified entity, as defined, to comply with specified requirements for Medicare claims data error correction. This bill would provide that no contract in existence or issued, amended, or renewed on or after January 1, 2013, between a health care service plan or a health insurer and a provider or supplier, as specified, shall prohibit, condition, or in any way restrict the disclosure of claims data related to health care services provided to specified individuals, to a qualified entity, as defined. The bill would require a health care service plan or health insurer to comply with all state and federal laws and implementing regulations for the protection of data privacy and security. Because a willful violation of these requirements by a health care service plan would constitute a crime, the bill would impose a state-mandated local program. This bill would further require a qualified entity, as defined, to comply with specified requirements for error correction for all claims data received, including data received from sources other than Medicare. Because a willful violation of the act by a health care service plan would constitute a crime, the bill would impose a state-mandated local program. 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 SB 1196?
- SB 1196 is sponsored by Hernandez and Beth Gaines.
- What is the current status of SB 1196?
- This bill has been enacted into law. Introduced February 22, 2012. Enacted.
- Where can I track SB 1196?
- Track SB 1196 free on One Click Politics — get push/email alerts when it moves.
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