AB 2935 — Health information privacy: digital commercial health monitoring.
Last action — In committee: Set, first hearing. Hearing canceled at the request of author.
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✓Introduced
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✓In 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 2017-2018 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 federal law, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) , establishes certain requirements relating to the provision of health insurance, including provisions relating to the confidentiality of health records. Existing state law, the Confidentiality of Medical Information Act, prohibits a provider of health care, a health care service plan, a contractor, a corporation and its subsidiaries and affiliates, or any business that offers software or hardware to consumers, including a mobile application or other related device, as defined, from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, except as provided. This bill would prohibit an operator of a commercial health monitoring program from intentionally sharing, selling, or disclosing individually identifiable health monitoring information in possession of or derived from a commercial health monitoring program to a 3rd party without first providing clear and conspicuous notice and obtaining the consumer's affirmative consent, except as provided. The bill would require an operator of a commercial health monitoring program, upon request, to delete a consumer's individually identifiable health monitoring information, and to maintain or delete individually identifiable health monitoring information in a manner that preserves security and confidentiality. The bill would define terms for its purposes and exempt entities and individuals subject to HIPAA or the Confidentiality of Medical Information Act from these requirements.
Bill Text
What changed in the latest version
1 added · 1 removed1 line(s) added, 1 removed.
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- Introduced 02/16/18 - Introduced Current pdf February 16, 2018
- AB2935 View text html
Action History
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Re-referred to Com. on JUD.
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Withdrawn from committee.
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Referred to Coms. on HEALTH and JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 15. Page 5629.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 7. Noes 3.) (May 1).
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From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 12. Noes 0.) (April 10). Re-referred to Com. on P. & C.P.
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In committee: Hearing postponed by committee.
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Referred to Coms. on HEALTH and P. & C.P.
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From printer. May be heard in committee March 19.
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Read first time. To print.
Sponsors
- Chau · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No
Sponsors (1)
- Chau
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"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 | 39 | 13 | 0 | 5 |
| Democratic | 14 | 1 | 0 | 0 |
| Republican | 4 | 1 | 0 | 1 |
| Total | 57 | 15 | 0 | 6 |
| % of votes cast | 73% | 19% | 0% | 8% |
How each member voted (78)
| Member | Party | Vote |
|---|---|---|
| Acosta | — | Nay |
| Bigelow | — | Yea |
| Bloom | — | Yea |
| Brough | — | Nay |
| Jones-Sawyer | — | Yea |
| Kamlager-Dove | — | Yea |
| Low | — | Yea |
| Mathis | — | Nay |
| Mullin | — | Yea |
| Quirk | — | Yea |
| Steinorth | — | Not Voting |
| Waldron | — | Yea |
| Eggman | — | Yea |
| Cooper | — | Yea |
| Cunningham | — | Yea |
| Friedman | — | Yea |
| Gloria | — | Yea |
| Holden | — | Yea |
| Chiu | — | Yea |
| Chu | — | Yea |
| O'Donnell | — | Yea |
| Thurmond | — | Yea |
| Weber | — | Yea |
| Salas | — | Yea |
| Frazier | — | Not Voting |
| Gray | — | Yea |
| Burke | — | Not Voting |
| Gonzalez Fletcher | — | Yea |
| Harper | — | Nay |
| Fong | — | Nay |
| Kiley | — | Nay |
| Levine | — | Yea |
| Rubio | — | Not Voting |
| Maienschein | — | Nay |
| Mayes | — | Not Voting |
| McCarty | — | Yea |
| Medina | — | Yea |
| Melendez | — | Nay |
| Baker | — | Nay |
| Chau | — | Yea |
| Chávez | — | Nay |
| Cooley | — | Yea |
| Daly | — | Yea |
| Nazarian | — | Yea |
| Obernolte | — | Nay |
| Rendon | — | Yea |
| Rodriguez | — | Yea |
| Santiago | — | Yea |
| Ting | — | Yea |
| Voepel | — | Nay |
| Wood | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Nay |
| Mark Stone | — | Yea |
| Travis Allen | — | Yea |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Nay |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Choi, Steven S. | Republican | Not Voting |
| Dahle, Megan | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 3 | 0 | 0 |
| Democratic | 4 | 0 | 0 | 0 |
| Total | 7 | 3 | 0 | 0 |
| % of votes cast | 70% | 30% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Baker | — | Nay |
| Chau | — | Yea |
| Kiley | — | Nay |
| Mullin | — | Yea |
| Obernolte | — | Nay |
| Ting | — | Yea |
| Berman, Marc | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 3 | 0 | 0 | 0 |
| Unaffiliated | 9 | 0 | 0 | 2 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 12 | 0 | 0 | 3 |
| % of votes cast | 80% | 0% | 0% | 20% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Nazarian | — | Yea |
| Burke | — | Not Voting |
| Bigelow | — | Yea |
| Mayes | — | Not Voting |
| McCarty | — | Yea |
| Rodriguez | — | Yea |
| Santiago | — | Yea |
| Thurmond | — | Yea |
| Waldron | — | Yea |
| Wood | — | Yea |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| Flora, Heath | Republican | Not Voting |
Subjects
Frequently asked questions
- What does AB 2935 do?
- Existing federal law, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) , establishes certain requirements relating to the provision of health insurance, including provisions relating to the confidentiality of health records. Existing state law, the Confidentiality of Medical Information Act, prohibits a provider of health care, a health care service plan, a contractor, a corporation and its subsidiaries and affiliates, or any business that offers software or hardware to consumers, including a mobile application or other related device, as defined, from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, except as provided. This bill would prohibit an operator of a commercial health monitoring program from intentionally sharing, selling, or disclosing individually identifiable health monitoring information in possession of or derived from a commercial health monitoring program to a 3rd party without first providing clear and conspicuous notice and obtaining the consumer's affirmative consent, except as provided. The bill would require an operator of a commercial health monitoring program, upon request, to delete a consumer's individually identifiable health monitoring information, and to maintain or delete individually identifiable health monitoring information in a manner that preserves security and confidentiality. The bill would define terms for its purposes and exempt entities and individuals subject to HIPAA or the Confidentiality of Medical Information Act from these requirements.
- Who sponsors AB 2935?
- AB 2935 is sponsored by Chau.
- What is the current status of AB 2935?
- This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” 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 2935?
- Track AB 2935 free on One Click Politics — get push/email alerts when it moves.
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