AB 1830 — California Health Benefit Exchange: confidentiality of personally identifiable information.
Last action — From committee without further action pursuant to Joint Rule 62(a).
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law, the federal Patient Protection and Affordable Care Act (PPACA) , requires each state to establish an American Health Benefit Exchange by January 1, 2014, that makes available qualified health plans to qualified individuals and small employers. PPACA prohibits an Exchange from using or disclosing the personally identifiable information it creates or collects other than to the extent necessary to carry out specified functions. Existing law also requires an Exchange to establish and implement privacy and security standards that are consistent with specified principles and to require the same or more stringent privacy and security standards as a condition of contract or agreement with individuals or entities. A person who knowingly and willfully uses or discloses information in violation of PPACA is subject to a civil penalty of no more than $25,000 per person or entity, per use or disclosure, in additional to any other penalties prescribed by law. Existing state law establishes the California Health Benefit Exchange within state government, specifies the powers and duties of the board governing the Exchange, and requires the board to facilitate the purchase of qualified health plans through the Exchange by qualified individuals and small employers by January 1, 2014. Existing law requires the board to employ necessary staff and authorizes the board to enter into contracts. Under existing law, the board of the Exchange is required to submit fingerprint images to the Department of Justice for all employees, prospective employees, contractors, subcontractors, volunteers, or vendors of the Exchange whose duties include access to specified personal information for the purposes of obtaining state or federal conviction records, as specified. This bill would, where the Exchange creates or collects personally identifiable information for the purpose of determining eligibility for specified plans and programs, authorize the Exchange to use or disclose that information only to the extent necessary to carry out specified functions authorized under PPACA or to carry out other nonspecified functions that satisfy certain federal criteria. The bill would require the Exchange to establish and implement privacy and security standards that are consistent with specified principles and to execute a contract with a non-Exchange entity that contains various provisions, including a provision requiring the non-Exchange entity to comply with the same privacy and security standards and to bind any downstream entity to those privacy and security standards. The bill would prohibit a contractor, subcontractor, volunteer, or vendor of the Exchange who gains access to personally identifiable information in the course of fulfilling his, her, or its duties as a contractor, subcontractor, volunteer, or vendor from using or disclosing that information other than to the extent necessary to carry out those duties, except as specified. An individual or entity who knowingly and willfully violates the bill's disclosure provisions would be subject to a civil penalty of not more than $25,000 per individual or entity, per use or disclosure, in addition to any other penalties prescribed by law.
Bill Text
- Amended 04/21/14 - Amended Assembly Current pdf April 21, 2014
- Introduced 02/18/14 - Introduced pdf February 18, 2014
- AB1830 View text html
Action History
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From committee without further action pursuant to Joint Rule 62(a).
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In committee: Set, first hearing. Failed passage.
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Re-referred to Com. on HEALTH.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
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Referred to Coms. on HEALTH and JUD.
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From printer. May be heard in committee March 21.
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Read first time. To print.
Sponsors
- Conway · Primary
- Hagman · Cosponsor
- Harkey · Cosponsor
- Olsen · Cosponsor
- Wagner · Cosponsor
- Wilk · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 5 co-sponsors · 116 not signed on · 2 voted No
Sponsors (1)
- Conway
Co-sponsors (5)
- Hagman
- Harkey
- Olsen
- Wagner
- Wilk
Not signed on (116)
116 members have not signed on to this bill.
Show all 116 →"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 | 6 | 11 | 0 | 1 |
| Democratic | 0 | 1 | 0 | 0 |
| Total | 6 | 12 | 0 | 1 |
| % of votes cast | 32% | 63% | 0% | 5% |
How each member voted (19)
| Member | Party | Vote |
|---|---|---|
| Ammiano | — | Nay |
| Maienschein | — | Yea |
| Mansoor | — | Yea |
| Wieckowski | — | Nay |
| Nazarian | — | Nay |
| Pan | — | Nay |
| Rendon | — | Nay |
| Ridley-Thomas | — | Nay |
| Wagner | — | Yea |
| Waldron | — | Yea |
| Chesbro | — | Nay |
| Bonilla | — | Nay |
| Lowenthal | — | Nay |
| Chávez | — | Yea |
| Gomez | — | Nay |
| Jim Patterson | — | Yea |
| Lorena Gonzalez | — | Not Voting |
| Roger Hernández | — | Nay |
| Bonta, Mia | Democratic | Nay |
Subjects
Frequently asked questions
- What does AB 1830 do?
- Existing law, the federal Patient Protection and Affordable Care Act (PPACA) , requires each state to establish an American Health Benefit Exchange by January 1, 2014, that makes available qualified health plans to qualified individuals and small employers. PPACA prohibits an Exchange from using or disclosing the personally identifiable information it creates or collects other than to the extent necessary to carry out specified functions. Existing law also requires an Exchange to establish and implement privacy and security standards that are consistent with specified principles and to require the same or more stringent privacy and security standards as a condition of contract or agreement with individuals or entities. A person who knowingly and willfully uses or discloses information in violation of PPACA is subject to a civil penalty of no more than $25,000 per person or entity, per use or disclosure, in additional to any other penalties prescribed by law. Existing state law establishes the California Health Benefit Exchange within state government, specifies the powers and duties of the board governing the Exchange, and requires the board to facilitate the purchase of qualified health plans through the Exchange by qualified individuals and small employers by January 1, 2014. Existing law requires the board to employ necessary staff and authorizes the board to enter into contracts. Under existing law, the board of the Exchange is required to submit fingerprint images to the Department of Justice for all employees, prospective employees, contractors, subcontractors, volunteers, or vendors of the Exchange whose duties include access to specified personal information for the purposes of obtaining state or federal conviction records, as specified. This bill would, where the Exchange creates or collects personally identifiable information for the purpose of determining eligibility for specified plans and programs, authorize the Exchange to use or disclose that information only to the extent necessary to carry out specified functions authorized under PPACA or to carry out other nonspecified functions that satisfy certain federal criteria. The bill would require the Exchange to establish and implement privacy and security standards that are consistent with specified principles and to execute a contract with a non-Exchange entity that contains various provisions, including a provision requiring the non-Exchange entity to comply with the same privacy and security standards and to bind any downstream entity to those privacy and security standards. The bill would prohibit a contractor, subcontractor, volunteer, or vendor of the Exchange who gains access to personally identifiable information in the course of fulfilling his, her, or its duties as a contractor, subcontractor, volunteer, or vendor from using or disclosing that information other than to the extent necessary to carry out those duties, except as specified. An individual or entity who knowingly and willfully violates the bill's disclosure provisions would be subject to a civil penalty of not more than $25,000 per individual or entity, per use or disclosure, in addition to any other penalties prescribed by law.
- Who sponsors AB 1830?
- AB 1830 is sponsored by Conway, Hagman, Harkey, Olsen, Wagner, and Wilk.
- What is the current status of AB 1830?
- This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 1830?
- Track AB 1830 free on One Click Politics — get push/email alerts when it moves.
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