California 2011-2012 Regular Session Status: Enacted

SB 1196 — Claims data disclosure.

Last action — Chaptered by Secretary of State. Chapter 869, Statutes of 2012.

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

This bill has been enacted into law. Introduced February 22, 2012. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • 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

Action History

  1. Chaptered by Secretary of State. Chapter 869, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 30. Noes 0. Page 4963.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 80. Noes 0. Page 6341.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Page 6086.)

  9. Ordered to third reading.

  10. From consent calendar.

  11. Read second time. Ordered to consent calendar.

  12. From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 8).

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

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

  15. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 19. Noes 0.) (June 12).

  16. Referred to Com. on HEALTH.

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

  18. Read third time. Passed. (Ayes 35. Noes 0. Page 3404.) Ordered to the Assembly.

  19. Read second time. Ordered to consent calendar.

  20. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

  21. Set for hearing April 30.

  22. 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.

  23. (Corrected April 17.)

  24. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

  25. Set for hearing April 18.

  26. Re-referred to Com. on HEALTH.

  27. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  28. Referred to Com. on RLS.

  29. From printer. May be acted upon on or after March 24.

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

Sponsors

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.

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 30 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 29008
Republican 1000
Democratic 0002
Total 300010
% 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

Official roll call →

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 77000
Democratic 1000
Republican 2000
Total 80000
% 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

Official roll call →

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% 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

Official roll call →

Passed 19 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19000
Total 19000
% 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

Official roll call →

Consent Calendar 2nd

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Republican 1000
Democratic 1001
Total 35005
% 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

Official roll call →

Subjects

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 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?
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