California 2013-2014 Regular Session Status: Enacted

SB 249 — Public health: health records: confidentiality.

Last action — Chaptered by Secretary of State. Chapter 445, 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 February 12, 2013. 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 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 law requires health care providers and laboratories to report cases of HIV infection to the local health officer using patient names on a form developed by the State Department of Public Health. Existing law, commencing July 1, 2009, or within one year of the establishment of a state electronic laboratory reporting system, whichever is later, requires a report generated pursuant to that provision by a laboratory to be submitted electronically in a manner specified by the department. This bill would authorize both the local health officer and the department to access reports of HIV infection that are electronically submitted by laboratories pursuant to the above-described provision. Existing law authorizes state public health agency HIV surveillance staff, AIDS Drug Assistance Program staff, and care services staff to disclose personally identifying information in public health records relating to HIV or AIDS to local public health agency staff, who may further disclose the information to the HIV-positive person who is the subject of the record, or the health care provider who provides that person's HIV care, for the purpose of proactively offering and coordinating care and treatment services to that person. This bill would authorize local public health agency staff to further disclose acquired or developed information to the HIV-positive person who is the subject of the record or the health care provider who provides that person's HIV care, for that purpose. Existing law also provides specified health care coverage to individuals under the AIDS Drug Assistance Program (ADAP) and under federal Ryan White Act funded programs, which are administered by the State Department of Public Health. Existing law, with some exceptions, prohibits the disclosure of the results of an HIV test to any 3rd party in a manner that identifies or provides identifying characteristics of the person to whom the test results apply. Existing law also provides that public health records related to HIV or AIDS containing personal identifying information that were developed or acquired by a state or local public agency shall be confidential and shall not be disclosed, except as otherwise provided by law or pursuant to written authorization. This bill would authorize the State Department of Public Health, subject to specified provisions, and qualified entities, as defined, to share with each other health records involving the diagnosis, care, and treatment of HIV or AIDS related to a beneficiary enrolled in federal Ryan White Act funded programs who may be eligible for services under the federal Patient Protection and Affordable Care Act (PPACA) , as specified. The bill would make other related changes.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 445, 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 37. Noes 0. Page 2299.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 77. Noes 0. Page 3015.) 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 17. Noes 0.) (August 30).

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

  11. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (July 2). Re-referred to Com. on APPR.

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

  13. From committee: Do pass and re-refer to Com. on JUD. (Ayes 18. Noes 0.) (June 25). Re-referred to Com. on JUD.

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

  15. Referred to Coms. on HEALTH and JUD.

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

  17. Read third time. Passed. (Ayes 39. Noes 0. Page 1098.) Ordered to the Assembly.

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 7. Noes 0. Page 1009.) (May 23).

  20. Set for hearing May 23.

  21. Placed on APPR. suspense file.

  22. Set for hearing May 13.

  23. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 753.) (April 30). Re-referred to Com. on APPR.

  24. Set for hearing April 30.

  25. From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 0. Page 696.) (April 24). Re-referred to Com. on JUD.

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

  27. Set for hearing April 24.

  28. Set, second hearing. Hearing canceled at the request of author.

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

  30. Set for hearing April 17.

  31. Set, first hearing. Hearing canceled at the request of author.

  32. Set for hearing April 10.

  33. Referred to Coms. on HEALTH and JUD.

  34. From printer. May be acted upon on or after March 15.

  35. 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)

  • Leno

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

Unfinished Business SB249 Leno Concurrence

Passed 37 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 34002
Democratic 3000
Total 37002
% of votes cast 95%0%0%5%
How each member voted (39)
Member Party Vote
Anderson — Yea
Hernandez — Yea
Hill — Yea
Leno — Yea
Lieu — Yea
Wyland — Yea
Emmerson — Yea
Fuller — Yea
Hancock — Yea
Hueso — Yea
Huff — Yea
Knight — Yea
Cannella — Yea
Lara — Yea
De León — Yea
Liu — Yea
Beall — Yea
Block — Yea
Correa — Yea
Nielsen — Yea
Roth — Yea
Steinberg — Yea
Torres — Yea
Wright — Yea
Corbett — Yea
Monning — Yea
Pavley — Not Voting
Vidak — Yea
Walters — Not Voting
Wolk — Yea
Evans — Yea
DeSaulnier — Yea
Galgiani — Yea
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 249 Leno Senate Third Reading By MAIENSCHEIN

Passed 77 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 70001
Democratic 4000
Republican 3000
Total 77001
% of votes cast 99%0%0%1%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bigelow — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Jones-Sawyer — Yea
Levine — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Yea
Nestande — Yea
Perea — Yea
Rendon — Yea
Weber — Yea
Wieckowski — Yea
Daly — Yea
Campos — Yea
Fox — Yea
Gorell — Yea
Allen — Yea
Alejo — Yea
Mullin — Yea
Nazarian — Yea
Ting — Yea
Wagner — Yea
Chau — Yea
Bonilla — Yea
Gatto — Yea
Hall — Yea
Gray — Yea
Harkey — Yea
Mitchell — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Lowenthal — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Chesbro — Yea
Logue — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Donnelly — Yea
Eggman — Not Voting
Medina — Yea
Melendez — Yea
Morrell — Yea
Olsen — Yea
Pan — Yea
Quirk — Yea
Skinner — Yea
Waldron — Yea
Wilk — Yea
Williams — Yea
Dickinson — Yea
Frazier — Yea
Yamada — Yea
Gomez — Yea
Gordon — Yea
Hagman — Yea
Beth Gaines — Yea
Jim Patterson — Yea
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 Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

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
Bigelow — Yea
Bradford — Yea
Linder — Yea
Pan — Yea
Quirk — Yea
Weber — Yea
Harkey — Yea
Holden — Yea
Bocanegra — Yea
Campos — Yea
Donnelly — Yea
Eggman — Yea
Wagner — Yea
Gatto — Yea
Gomez — Yea
Hall — Yea
Calderon, Lisa Democratic Yea

Official roll call →

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

Passed 18 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 17001
Democratic 1000
Total 18001
% of votes cast 95%0%0%5%
How each member voted (19)
Member Party Vote
Ammiano — Yea
Maienschein — Yea
Mansoor — Yea
Pan — Yea
Wagner — Yea
Wilk — Yea
Gomez — Not Voting
Gonzalez — Yea
Bonilla — Yea
Mitchell — Yea
Atkins — Yea
Logue — Yea
Nazarian — Yea
Chesbro — Yea
Nestande — Yea
Wieckowski — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea

Official roll call →

3rd Reading

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Block — Yea
Hernandez — Yea
Hill — Yea
Knight — Yea
Lieu — Yea
Monning — Yea
Wright — Yea
Wyland — Yea
Emmerson — Yea
Evans — Yea
Galgiani — Yea
Hancock — Yea
Hueso — Yea
Huff — Yea
Cannella — Yea
Lara — Yea
Leno — Yea
De León — Yea
Liu — Yea
Beall — Yea
Correa — Yea
Nielsen — Yea
Price — Yea
Roth — Yea
Steinberg — Yea
Torres — Yea
Walters — Yea
Corbett — Yea
Pavley — Yea
Wolk — Yea
DeSaulnier — Yea
Fuller — Yea
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 →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 6000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Steinberg — Yea
De León — Yea
Hill — Yea
Lara — Yea
Walters — Yea
Beth Gaines — Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

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

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Anderson — Yea
Beall — Yea
Hernandez — Yea
Monning — Yea
Pavley — Yea
Wolk — Yea
De León — Yea
Nielsen — Yea
DeSaulnier — Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does SB 249 do?
Existing law requires health care providers and laboratories to report cases of HIV infection to the local health officer using patient names on a form developed by the State Department of Public Health. Existing law, commencing July 1, 2009, or within one year of the establishment of a state electronic laboratory reporting system, whichever is later, requires a report generated pursuant to that provision by a laboratory to be submitted electronically in a manner specified by the department. This bill would authorize both the local health officer and the department to access reports of HIV infection that are electronically submitted by laboratories pursuant to the above-described provision. Existing law authorizes state public health agency HIV surveillance staff, AIDS Drug Assistance Program staff, and care services staff to disclose personally identifying information in public health records relating to HIV or AIDS to local public health agency staff, who may further disclose the information to the HIV-positive person who is the subject of the record, or the health care provider who provides that person's HIV care, for the purpose of proactively offering and coordinating care and treatment services to that person. This bill would authorize local public health agency staff to further disclose acquired or developed information to the HIV-positive person who is the subject of the record or the health care provider who provides that person's HIV care, for that purpose. Existing law also provides specified health care coverage to individuals under the AIDS Drug Assistance Program (ADAP) and under federal Ryan White Act funded programs, which are administered by the State Department of Public Health. Existing law, with some exceptions, prohibits the disclosure of the results of an HIV test to any 3rd party in a manner that identifies or provides identifying characteristics of the person to whom the test results apply. Existing law also provides that public health records related to HIV or AIDS containing personal identifying information that were developed or acquired by a state or local public agency shall be confidential and shall not be disclosed, except as otherwise provided by law or pursuant to written authorization. This bill would authorize the State Department of Public Health, subject to specified provisions, and qualified entities, as defined, to share with each other health records involving the diagnosis, care, and treatment of HIV or AIDS related to a beneficiary enrolled in federal Ryan White Act funded programs who may be eligible for services under the federal Patient Protection and Affordable Care Act (PPACA) , as specified. The bill would make other related changes.
Who sponsors SB 249?
SB 249 is sponsored by Leno and Mark Stone.
What is the current status of SB 249?
This bill has been enacted into law. Introduced February 12, 2013. Enacted.
Where can I track SB 249?
Track SB 249 free on One Click Politics — get push/email alerts when it moves.

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