California 2019-2020 Regular Session Status: Passed Assembly

AB 2280 — Information privacy: personal health record information: software or hardware.

Last action — From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

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

This bill died with 2019-2020 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 law, the Confidentiality of Medical Information Act, generally prohibits a provider of health care, a health care service plan, or a 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, except as otherwise specified. Existing law defines "medical information" for purposes of these provisions to mean certain individually identifiable health information in possession of or derived from a provider of health care, among others. Existing law makes a violation of these provisions that results in economic loss or personal injury to a patient punishable as a misdemeanor. This bill would define "personal health record information" for purposes of the act to mean individually identifiable information, in electronic or physical form, about an individual's mental or physical condition that is collected by a commercial internet website, online service, or product that is used by an individual and that collects the individual's personal health record information through a direct measurement of an individual's mental or physical condition or through user input regarding an individual's mental or physical condition. The bill would provide that a business that offers personal health record software or hardware to a consumer, in order to make information available to an individual or provider of health care at the request of the individual or provider of health care, for purposes of allowing the individual to manage their information, or for the diagnosis, treatment, or management of a medical condition of the individual, shall be deemed to be a provider of health care subject to the requirements of the Confidentiality of Medical Information Act. Because the bill would expand the definition of a crime, it 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. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  2. Referred to Com. on JUD.

  3. In Senate. Read first time. To Com. on RLS. for assignment.

  4. Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 10. Page 4760.)

  5. Read second time. Ordered to third reading.

  6. From committee: Do pass. (Ayes 12. Noes 1.) (June 3).

  7. In committee: Set, first hearing. Referred to APPR. suspense file.

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (May 18). Re-referred to Com. on APPR.

  9. In committee: Hearing postponed by committee.

  10. Referred to Coms. on HEALTH and P. & C.P.

  11. From printer. May be heard in committee March 16.

  12. Read first time. To print.

Sponsors

  • Chau · Primary

Sponsorship breakdown

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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.

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

AB 2280 Chau Assembly Third Reading

Passed 53 Yea · 10 Nay · 16 Other
Party YeaNayPresentNot Voting
Unaffiliated 337011
Democratic 18103
Republican 2202
Total 5310016
% of votes cast 67%13%0%20%
How each member voted (79)
Member Party Vote
Low — Yea
Holden — Yea
Maienschein — Yea
Friedman — Yea
Smith — Yea
Weber — Yea
Nazarian — Yea
Rendon — Yea
Rodriguez — Yea
McCarty — Yea
Mayes — Not Voting
Burke — Not Voting
Bigelow — Not Voting
Bloom — Yea
Cooley — Yea
Gloria — Yea
Mullin — Yea
Salas — Yea
Levine — Yea
Eggman — Yea
Medina — Yea
Gonzalez — Yea
Wood — Yea
Kamlager — Yea
O'Donnell — Yea
Chiu — Yea
Chu — Yea
Jones-Sawyer — Yea
Ting — Yea
Chau — Yea
Santiago — Yea
Cunningham — Nay
Obernolte — Nay
Waldron — Nay
Kiley — Nay
Brough — Nay
Diep — Nay
Daly — Nay
Fong — Not Voting
Quirk — Not Voting
Cooper — Not Voting
Voepel — Not Voting
Gray — Not Voting
Frazier — Not Voting
Mathis — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Petrie-Norris, Cottie Democratic Nay
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Not Voting
Flora, Heath Republican Nay
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 12 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 5001
Unaffiliated 7103
Republican 0001
Total 12105
% of votes cast 67%6%0%28%
How each member voted (18)
Member Party Vote
McCarty — Yea
Chau — Yea
Bloom — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Nay
Fong — Not Voting
Voepel — Not Voting
Bigelow — Not Voting
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Not Voting
Rivas, Robert Democratic Yea
Dahle, Megan Republican Not Voting

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 10 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 6004
Democratic 4000
Republican 0001
Total 10005
% of votes cast 67%0%0%33%
How each member voted (15)
Member Party Vote
Nazarian — Yea
Santiago — Yea
Rodriguez — Yea
McCarty — Yea
Wood — Yea
Mayes — Not Voting
Burke — Not Voting
Waldron — Not Voting
Bigelow — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Bonta, Mia Democratic Yea
Limón, Monique Democratic Yea
Ramos, James C. Democratic Yea
Flora, Heath Republican Not Voting

Official roll call →

Subjects

healthcare health-insurance technology
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Frequently asked questions

What does AB 2280 do?
Existing law, the Confidentiality of Medical Information Act, generally prohibits a provider of health care, a health care service plan, or a 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, except as otherwise specified. Existing law defines "medical information" for purposes of these provisions to mean certain individually identifiable health information in possession of or derived from a provider of health care, among others. Existing law makes a violation of these provisions that results in economic loss or personal injury to a patient punishable as a misdemeanor. This bill would define "personal health record information" for purposes of the act to mean individually identifiable information, in electronic or physical form, about an individual's mental or physical condition that is collected by a commercial internet website, online service, or product that is used by an individual and that collects the individual's personal health record information through a direct measurement of an individual's mental or physical condition or through user input regarding an individual's mental or physical condition. The bill would provide that a business that offers personal health record software or hardware to a consumer, in order to make information available to an individual or provider of health care at the request of the individual or provider of health care, for purposes of allowing the individual to manage their information, or for the diagnosis, treatment, or management of a medical condition of the individual, shall be deemed to be a provider of health care subject to the requirements of the Confidentiality of Medical Information Act. Because the bill would expand the definition of a crime, it 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 AB 2280?
AB 2280 is sponsored by Chau.
What is the current status of AB 2280?
This bill died with 2019-2020 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 2280?
Track AB 2280 free on One Click Politics — get push/email alerts when it moves.

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