AB 1184

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 13, 2021
  • Passed Senate Sep 08, 2021
  • Became Law Sep 22, 2021

Medical information: confidentiality.

Abstract

Existing law, the Confidentiality of Medical Information Act, prohibits specified entities 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, unless a specified exception applies. Existing law, with specified exceptions, prohibits an employer from using, disclosing, or knowingly permitting its employees or agents to use or disclose medical information that the employer possesses pertaining to its employees without the prescribed permission of the patient. Existing law makes a violation of these provisions a crime. Existing law, the Insurance Information and Privacy Protection Act, generally regulates how insurers collect, use, and disclose information gathered in connection with insurance transactions. Existing law specifies the manner in which a health care service plan or health insurer is 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 relating to the form and format of communication of confidential medical information in situations involving sensitive services or situations in which disclosure would endanger the individual. This bill, on and after July 1, 2022, would revise and recast these provisions to require the health care service plan or health insurer to accommodate requests for confidential communication of medical information regardless of whether there is a situation involving sensitive services or a situation in which disclosure would endanger the individual. This bill, on and after July 1, 2022, would prohibit a health care service plan or health insurer from requiring a protected individual, as defined, to obtain the policyholder, primary subscriber, or other enrollee's authorization to receive sensitive services or to submit a claim for sensitive services if the protected individual has the right to consent to care. The bill would require the health care service plan or health insurer to direct all communications regarding a protected individual's receipt of sensitive services directly to the protected individual, and would prohibit the disclosure of that information to the policyholder, primary subscriber, or any plan enrollees without the authorization of the protected individual, as provided. This bill would require a health care service plan to notify subscribers and enrollees and a health insurer to notify insureds that they may request a confidential communication in a specified format and how to make the request, and would require a health care service plan and health insurer to provide the information in a specified manner, including on the internet website of the health care service plan or health insurer. Because a 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 Sponsors (3)

Votes


Actions


Sep 22, 2021

California State Legislature

Chaptered by Secretary of State - Chapter 190, Statutes of 2021.

California State Legislature

Approved by the Governor.

Sep 20, 2021

California State Legislature

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

Sep 09, 2021

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 14.).

Sep 08, 2021

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 8.).

Assembly

In Assembly. Concurrence in Senate amendments pending.

Sep 01, 2021

Senate

Read second time. Ordered to third reading.

Aug 31, 2021

Senate

Read third time and amended. Ordered to second reading.

Aug 17, 2021

Senate

Read second time. Ordered to third reading.

Aug 16, 2021

Senate

From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

Jul 15, 2021

Senate

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

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Jul 14, 2021

Senate

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (July 13).

Jul 07, 2021

Senate

From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 1.) (July 7). Re-referred to Com. on JUD.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on JUD.

Jun 29, 2021

Senate

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

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on HEALTH.

May 27, 2021

Senate

Referred to Coms. on HEALTH and JUD.

  • Referral-Committee
Coms. on HEALTH and JUD.

May 13, 2021

Senate

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

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 13. Page 1402.)

May 06, 2021

Assembly

Read second time. Ordered to third reading.

May 05, 2021

Assembly

From committee: Do pass. (Ayes 13. Noes 3.) (May 5).

Apr 26, 2021

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (April 22). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Apr 14, 2021

Assembly

From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 11. Noes 3.) (April 13). Re-referred to Com. on P. & C.P.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on P. & C.P.

Mar 26, 2021

Assembly

Re-referred to Com. on HEALTH.

  • Referral-Committee
Com. on HEALTH.

Mar 25, 2021

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

Assembly

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

  • Referral-Committee
Coms. on HEALTH and P. & C.P.

Feb 19, 2021

Assembly

From printer. May be heard in committee March 21.

Feb 18, 2021

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB1184 HTML
02/18/21 - Introduced PDF
03/25/21 - Amended Assembly PDF
06/29/21 - Amended Senate PDF
07/15/21 - Amended Senate PDF
08/31/21 - Amended Senate PDF
09/14/21 - Enrolled PDF
09/22/21 - Chaptered PDF

Related Documents

Document Format
04/09/21- Assembly Health PDF
04/17/21- Assembly Privacy and Consumer Protection PDF
05/03/21- Assembly Appropriations PDF
05/07/21- ASSEMBLY FLOOR ANALYSIS PDF
07/05/21- Senate Health PDF
07/09/21- Senate Judiciary PDF
08/18/21- Sen. Floor Analyses PDF
09/01/21- Sen. Floor Analyses PDF
09/08/21- ASSEMBLY FLOOR ANALYSIS PDF

Sources

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