California 2013-2014 Regular Session Status: Enacted

SB 138 — Confidentiality of medical information.

Last action — Chaptered by Secretary of State. Chapter 444, Statutes of 2013.

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  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 January 28, 2013. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 10 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 federal law, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) , establishes certain requirements relating to the provision of health insurance, and the protection of privacy of individually identifiable health information. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of its provisions a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law, the Confidentiality of Medical Information Act, provides that medical information, as defined, may not be disclosed by providers of health care, health care service plans, or contractors, as defined, without the patient's written authorization, subject to certain exceptions, including disclosure to a probate court investigator, as specified. A violation of the act resulting in economic loss or personal injury to a patient is a misdemeanor and subjects the violating party to liability for specified damages and administrative fines and penalties. The act defines various terms relevant to its implementation. Existing law, the Insurance Information and Privacy Protection Act, generally regulates how insurers collect, use, and disclose information gathered in connection with insurance transactions. This bill would declare the intent of the Legislature to incorporate HIPAA standards into state law and to clarify standards for protecting the confidentiality of medical information in insurance transactions. The bill would define additional terms in connection with maintaining the confidentiality of this information, including a "confidential communications request" which an insured, or a subscriber or enrollee under a health care service plan, may submit for the purpose of specifying the method for transmitting medical information communications. This bill would specify the manner in which a health care service plan or health insurer, on and after January 1, 2015, would be required to maintain confidentiality of medical information regarding the treatment of an insured, subscriber, or enrollee, including requiring a health care service plan or health insurer to accommodate requests by insureds, subscribers, and enrollees to receive requests for confidential communication of medical information in situations involving sensitive services or situations in which disclosure would endanger the individual. This bill would specifically authorize a provider of health care to communicate information regarding benefit cost-sharing arrangements to the health care service plan or health insurer, as specified. This bill would also prohibit the health care service plan or health insurer from conditioning enrollment in the plan or eligibility for benefits on the waiver of certain rights provided for in the bill. The bill also would make conforming technical changes. Because a willful violation of these provisions by a health care service plan would be a crime, and because this bill would expand the scope of a crime, the bill would create 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 444, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 7 p.m.

  4. Assembly amendments concurred in. (Ayes 34. Noes 4. Page 2282.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 51. Noes 25. Page 3012.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

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

  9. From committee: Do pass as amended. (Ayes 12. Noes 5.) (August 30).

  10. Set, first hearing. Referred to APPR. suspense file.

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

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 13. Noes 5.) (July 2).

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

  14. From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 7. Noes 3.) (June 25). Re-referred to Com. on HEALTH.

  15. Re-referred to Coms. on JUD. and HEALTH.

  16. Referred to Coms. on HEALTH and JUD.

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

  18. Read third time. Passed. (Ayes 26. Noes 11. Page 1164.) Ordered to the Assembly.

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

  20. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1007.) (May 23).

  21. Set for hearing May 23.

  22. Placed on APPR. suspense file.

  23. Set for hearing April 29.

  24. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 567.) (April 16). Re-referred to Com. on APPR.

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

  26. Set for hearing April 16.

  27. From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 2. Page 421.) (April 3). Re-referred to Com. on JUD.

  28. Set for hearing April 3.

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

  30. Referred to Coms. on HEALTH and JUD.

  31. From printer. May be acted upon on or after February 28.

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

Sponsors

  • DeSaulnier · Cosponsor
  • Hernandez · Primary
  • Leno · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 6 voted No

Sponsors (1)

  • Hernandez

Co-sponsors (2)

  • DeSaulnier
  • Leno

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

Unfinished Business SB138 Hernandez Concurrence

Passed 34 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 31401
Democratic 3000
Total 34401
% of votes cast 87%10%0%3%
How each member voted (39)
Member Party Vote
Beall — Yea
Hill — Yea
Knight — Nay
Lara — Yea
Steinberg — Yea
Walters — Not Voting
Wright — Yea
Corbett — Yea
Correa — Yea
Wyland — Yea
Cannella — Yea
Emmerson — Yea
De León — Yea
Evans — Yea
Galgiani — Yea
Hancock — Yea
Hernandez — Yea
Hueso — Yea
Huff — Yea
Anderson — Yea
Block — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Nielsen — Nay
Pavley — Yea
Roth — Yea
Torres — Yea
Vidak — Nay
Wolk — Yea
DeSaulnier — Yea
Fuller — Nay
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 138 Hernandez Senate Third Reading By MITCHELL

Passed 51 Yea · 25 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 472202
Democratic 4000
Republican 0300
Total 512502
% of votes cast 65%32%0%3%
How each member voted (78)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Jones-Sawyer — Yea
Linder — Nay
Maienschein — Nay
Mansoor — Nay
Mullin — Yea
Olsen — Nay
Perea — Yea
Rendon — Yea
Wagner — Nay
Weber — Yea
Williams — Yea
Conway — Nay
Lowenthal — Yea
Frazier — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Gomez — Yea
Fong — Yea
Mitchell — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Gorell — Nay
Hagman — Nay
Harkey — Nay
Bocanegra — Yea
Holden — Yea
John A. Pérez — Yea
Levine — Yea
Logue — Nay
Medina — Yea
Melendez — Nay
Morrell — Nay
Bigelow — Nay
Chesbro — Yea
Chávez — Nay
Cooley — Yea
Daly — Yea
Dickinson — Yea
Donnelly — Nay
Nazarian — Yea
Pan — Yea
Quirk — Yea
Skinner — Yea
Ting — Yea
Waldron — Nay
Wieckowski — Yea
Wilk — Nay
Salas — Nay
Allen — Not Voting
Eggman — Not Voting
Nestande — Nay
Fox — Yea
Gatto — Yea
Yamada — Yea
Gordon — Yea
Hall — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Bradford — Yea
Linder — Nay
Quirk — Yea
Weber — Yea
Campos — Yea
Gatto — Yea
Bocanegra — Yea
Harkey — Nay
Holden — Yea
Bigelow — Nay
Donnelly — Nay
Eggman — Yea
Pan — Yea
Wagner — Nay
Gomez — Yea
Hall — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 13 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12501
Democratic 1000
Total 13501
% of votes cast 68%26%0%5%
How each member voted (19)
Member Party Vote
Ammiano — Yea
Logue — Not Voting
Maienschein — Nay
Mansoor — Nay
Wagner — Nay
Wilk — Nay
Bonilla — Yea
Mitchell — Yea
Lowenthal — Yea
Atkins — Yea
Chesbro — Yea
Nazarian — Yea
Nestande — Nay
Pan — Yea
Wieckowski — Yea
Gomez — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea

Official roll call →

3rd Reading

Passed 26 Yea · 11 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 231102
Democratic 3000
Total 261102
% of votes cast 67%28%0%5%
How each member voted (39)
Member Party Vote
Anderson — Nay
Beall — Yea
Hill — Yea
Lara — Yea
Monning — Yea
Roth — Yea
Emmerson — Nay
Wyland — Nay
DeSaulnier — Yea
Wright — Yea
De León — Yea
Evans — Yea
Cannella — Not Voting
Fuller — Nay
Galgiani — Yea
Corbett — Yea
Hancock — Yea
Correa — Nay
Hernandez — Yea
Hueso — Yea
Huff — Nay
Block — Yea
Knight — Nay
Leno — Yea
Lieu — Yea
Liu — Yea
Nielsen — Nay
Pavley — Yea
Price — Yea
Steinberg — Yea
Torres — Not Voting
Walters — Nay
Wolk — Yea
Yee — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 4200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Steinberg — Yea
Walters — Nay
De León — Yea
Hill — Yea
Lara — Yea
Beth Gaines — Nay
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass, but re-refer to the Committee on Judiciary.

Passed 7 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7200
Total 7200
% of votes cast 78%22%0%0%
How each member voted (9)
Member Party Vote
Anderson — Nay
Beall — Yea
Monning — Yea
De León — Yea
Hernandez — Yea
Nielsen — Nay
Pavley — Yea
Wolk — Yea
DeSaulnier — Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does SB 138 do?
Existing federal law, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) , establishes certain requirements relating to the provision of health insurance, and the protection of privacy of individually identifiable health information. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of its provisions a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law, the Confidentiality of Medical Information Act, provides that medical information, as defined, may not be disclosed by providers of health care, health care service plans, or contractors, as defined, without the patient's written authorization, subject to certain exceptions, including disclosure to a probate court investigator, as specified. A violation of the act resulting in economic loss or personal injury to a patient is a misdemeanor and subjects the violating party to liability for specified damages and administrative fines and penalties. The act defines various terms relevant to its implementation. Existing law, the Insurance Information and Privacy Protection Act, generally regulates how insurers collect, use, and disclose information gathered in connection with insurance transactions. This bill would declare the intent of the Legislature to incorporate HIPAA standards into state law and to clarify standards for protecting the confidentiality of medical information in insurance transactions. The bill would define additional terms in connection with maintaining the confidentiality of this information, including a "confidential communications request" which an insured, or a subscriber or enrollee under a health care service plan, may submit for the purpose of specifying the method for transmitting medical information communications. This bill would specify the manner in which a health care service plan or health insurer, on and after January 1, 2015, would be required to maintain confidentiality of medical information regarding the treatment of an insured, subscriber, or enrollee, including requiring a health care service plan or health insurer to accommodate requests by insureds, subscribers, and enrollees to receive requests for confidential communication of medical information in situations involving sensitive services or situations in which disclosure would endanger the individual. This bill would specifically authorize a provider of health care to communicate information regarding benefit cost-sharing arrangements to the health care service plan or health insurer, as specified. This bill would also prohibit the health care service plan or health insurer from conditioning enrollment in the plan or eligibility for benefits on the waiver of certain rights provided for in the bill. The bill also would make conforming technical changes. Because a willful violation of these provisions by a health care service plan would be a crime, and because this bill would expand the scope of a crime, the bill would create 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 138?
SB 138 is sponsored by DeSaulnier, Hernandez, and Leno.
What is the current status of SB 138?
This bill has been enacted into law. Introduced January 28, 2013. Enacted.
Where can I track SB 138?
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