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Bills

SB 456: California Consumer Privacy Act of 2018.

  • Session Year: 2017-2018
  • House: Senate
  • Latest Version Date: 2018-08-24
Version:

Existing law, the California Consumer Privacy Act of 2018, commencing on January 1, 2020, grants a consumer various rights with regard to personal information relating to that consumer that is held by a business, including the right to request a business to delete any personal information about the consumer collected by the business, and requires the business to comply with a verifiable consumer request to that effect, unless it is necessary for the business or service provider, defined as an entity processing information on behalf of a business, to maintain the customers personal information in order to carry out specified acts. The act requires a business that collects personal information about a consumer to disclose, on its Internet Web site or in its online privacy policy or policies, the consumers right to delete that personal information. Under existing law, the act does not apply to protected health information that is collected by a covered entity, as specified.

This bill would additionally provide an exception to the requirements of the act for medical information or protected health information that is collected by a covered entity or business associate, for a provider of health care or a covered entity to the extent the information relates to health care services, and for information collected as part of a clinical trial, as specified. The bill would define various terms for these purposes.

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Existing law provides that federally qualified health center (FQHC) services and rural health clinic (RHC) services, as defined, are covered benefits under the Medi-Cal program, to be reimbursed, to the extent that federal financial participation is obtained, to providers on a per-visit basis. Visit is defined as a face-to-face encounter between a patient of an FQHC or RHC and specified health care professionals. Existing law requires a managed care entity to offer subcontracts to FQHCs and RHCs in the relevant service area, as a condition of obtaining a contract with the department.This bill would authorize a willing and qualified FQHC or RHC to enter into an agreement with a public or private entity to provide services that follow the patient and to receive reimbursement from the public or private entity for the services rendered under the agreement. The bill would prohibit the department from recouping payment authorized under this agreement from the FQHC or RHC, as specified. The bill would describe those entities eligible to contract with an FQHC or RHC under the bill, and would define services that follow the patient as services that are not reimbursable on a per-visit basis pursuant to a specified provision, that promote continuity of care and contribute to overall patient wellness, as specified. The bill would specify that compensation paid to a federally qualified health center or rural health clinic pursuant to the agreement would be supplemental to, and separate from, the federally qualified health centers or rural health clinics prospective payment rate, and not subject to reconciliation or reduction, as specified. The bill would prohibit an FQHC or RHC that bills an entity for services that follow the patient from seeking reimbursement or attempting to obtain payment for a service billed pursuant to the specified per-visit billing provision, but would not preclude the FQHC or RHC from billing a visit under that provision and a service provided pursuant to the bill on the same day. The bill would make legislative findings and declarations related to this measure.

Discussed in Hearing

Assembly Standing Committee on Appropriations1H
Aug 16, 2018

Assembly Standing Committee on Appropriations

Senate Standing Committee on Appropriations48MIN
May 25, 2017

Senate Standing Committee on Appropriations

Senate Standing Committee on Appropriations42SEC
May 15, 2017

Senate Standing Committee on Appropriations

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SB 456: California Consumer Privacy Act of 2018. | Digital Democracy