SB 744: Communicable diseases: respiratory disease information.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2021-07-14
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable diseases. Existing regulations require certain communicable diseases to be reported to local health officers by health providers, using a uniform Confidential Morbidity Report (CMR).
Existing law, the Information Practices Act of 1977, regulates the collection and disclosure of personal information regarding individuals by state agencies, except as specified. Under existing law, a person who willfully requests or obtains a record containing personal information from an agency under false pretenses or a person who intentionally discloses medical, psychiatric, or psychological information held by an agency is guilty of a misdemeanor.
This bill would require the department to create a program to provide expedited release, during a declared public health emergency, of specified health care data to researchers at a bona fide research institution of higher education, as defined. The bill would require the department to make the specified data available promptly, and on an ongoing basis, only to qualified researchers who sign a memorandum of understanding (MOU) with the department agreeing to use the data only for public health research purposes, to not disclose it to any other party, and to keep all personal information confidential. The bill would require each individual researcher who accesses or obtains nonpublic personal data through the program to sign an MOU, and would make a violation of the MOU a misdemeanor under the Information Practices Act of 1977. Because a willful violation of an MOU would be a crime, the bill would impose a state-mandated local program. The bill would require the department, within one business day of agreeing to an MOU, to publish the MOU in full and make it available, along with specified information, to the general public on its internet website. The bill would require the program to create a special Institutional Review Board to review requests submitted under the program and would require the program to approve or reject the requests within 15 days of receiving a completed application.
This bill would also require that any report of a communicable respiratory disease by a health care provider to a local health officer and any electronic tool used by a local health officer for the purposes of reporting cases of a communicable respiratory disease include information on the type of housing where the patient resides, the number of people in the patients household, the occupation and workplace of the patient, and a relevant travel history based on the disease course. The bill would make implementation of its provisions subject to an appropriation by the Legislature. To the extent that this bill would increase the duties of local health officers, the bill 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable diseases. Existing regulations require certain communicable diseases to be reported to local health officers by health providers, using a uniform Confidential Morbidity Report (CMR).
Existing law, the Information Practices Act of 1977, regulates the collection and disclosure of personal information regarding individuals by state agencies, except as specified. Under existing law, a person who willfully requests or obtains a record containing personal information from an agency under false pretenses or a person who intentionally discloses medical, psychiatric, or psychological information held by an agency is guilty of a misdemeanor.
This bill would require the department to create a program to provide expedited release, during a declared public health emergency, of specified health care data to researchers at a bona fide research institution of higher education, as defined. The bill would require the department to make the specified data available promptly, and on an ongoing basis, only to qualified researchers who sign a memorandum of understanding (MOU) with the department agreeing to use the data only for public health research purposes, to not disclose it to any other party, and to keep all personal information confidential. The bill would require each individual researcher who accesses or obtains nonpublic personal data through the program to sign an MOU, and would make a violation of the MOU a misdemeanor under the Information Practices Act of 1977. Because a willful violation of an MOU would be a crime, the bill would impose a state-mandated local program. The bill would require the department, within one business day of agreeing to an MOU, to publish the MOU in full and make it available, along with specified information, to the general public on its internet website. The bill would require the program to create a special Institutional Review Board to review requests submitted under the program and would require the program to approve or reject the requests within 15 days of receiving a completed application. The
This bill would also require that any report of a communicable respiratory disease by a health care provider to a local health officer and any electronic tool used by a local health officer for the purposes of reporting cases of a communicable respiratory disease include information on the type of housing where the patient resides, the number of people in the patients household, the occupation and workplace of the patient, and the cities that the patient has traveled to in the last 14 days. a relevant travel history based on the disease course. The bill would make implementation of its provisions subject to an appropriation by the Legislature. To the extent that this bill would increase the duties of local health officers, the bill 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable diseases. Existing regulations require certain communicable diseases to be reported to local health officers by health providers, using a uniform Confidential Morbidity Report (CMR).
This bill would require the department to create a program to provide expedited release, during a declared public health emergency, of specified health care data to researchers at a bona fide research institution of higher education, as defined. The bill would require the department to make the specified data available promptly, and on an ongoing basis, to qualified researchers who sign a memorandum of understanding with the department agreeing to use the data only for public health research purposes, to not disclose it to any other party, and to keep all personal information confidential. The bill would also require that any report of a communicable respiratory disease by a health care provider to a local health officer and any electronic tool used by a local health officer for the purposes of reporting cases of a communicable respiratory disease include information on the type of housing where the patient resides, the number of people in the patients household, the occupation and workplace of the patient, and the cities that the patient has traveled to in the last 14 days. The bill would make implementation of its provisions subject to an appropriation by the Legislature. To the extent that this bill would increase the duties of local health officers, the bill 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable diseases. Existing regulations require certain communicable diseases to be reported to local health officers by health providers, using a uniform Confidential Morbidity Report (CMR).
This bill would require the department to create a program to provide expedited release release, during a declared public health emergency, of specified health care data to researchers at a bona fide research institution of higher education, as defined. The bill would require the department to make the specified data available promptly, and on an ongoing basis, to qualified researchers who sign a memorandum of understanding with the department agreeing to use the data only for public health research purposes, to not disclose it to any other party, and to keep all personal information confidential. The bill would also require that any report of a communicable respiratory disease by a health care provider to a local health officer and any electronic tool used by a local health officer for the purposes of reporting cases of a communicable respiratory disease include information on the type of housing where the patient resides, the number of people in the patients household, the occupation and workplace of the patient, and the cities that the patient has traveled to in the last 14 days. To the extent that this bill would increase the duties of local health officers, the bill 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable diseases. Existing regulations require certain communicable diseases to be reported to local health officers by health providers, using a uniform Confidential Morbidity Report (CMR).
This bill would require the department to collect and make publicly available, in machine-readable form, specified information from health providers regarding incidences of communicable respiratory disease. The bill would require the department to make the information available, during a declared public health emergency, both as individual records and, on a weekly basis, a weekly summary, identified by county, of the information collected. The bill would require certain information to be removed from the reports to prevent privacy violations. create a program to provide expedited release of specified health care data to researchers at a bona fide research institution of higher education, as defined. The bill would require the department to make the specified data available promptly, and on an ongoing basis, to qualified researchers who sign a memorandum of understanding with the department agreeing to use the data only for public health research purposes, to not disclose it to any other party, and to keep all personal information confidential. The bill would also require that any report of a communicable respiratory disease by a health care provider to a local health officer and any electronic tool used by a local health officer for the purposes of reporting cases of a communicable respiratory disease include information on the type of housing where the patient resides, the number of people in the patients household, the occupation and workplace of the patient, and the cities that the patient has traveled to in the last 14 days. To the extent that this bill would increase the duties of local health officers, the bill 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable diseases. Existing regulations require certain communicable diseases to be reported to local health officers by health providers, using a uniform Confidential Morbidity Report (CMR).
This bill would require the department to collect and make publicly available, in machine-readable form, specified information from health providers regarding incidences of communicable respiratory viruses. disease. The bill would require the department to make the information available available, during a declared public health emergency, both as individual records and, on a weekly basis, a weekly summary, identified by county, of the information collected in each field of the CMR. collected. The bill would require certain information to be removed from the reports to prevent privacy violations. The bill would also require that any report of a communicable respiratory disease by a health care provider to a local health officer and any electronic tool used by a local health officer for the purposes of reporting cases of a communicable respiratory disease include information on the type of housing where the patient resides, the number of people in the patients household, the occupation and workplace of the patient, and the cities that the patient has traveled to in the last 14 days. To the extent that this bill would increase the duties of local health officers, the bill 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable diseases. Existing regulations require certain communicable diseases to be reported to local health officers by health providers, using a uniform Confidential Morbidity Report (CMR).
This bill would require the department to collect and make publicly available, in machine-readable form, specified information from health providers regarding incidences of communicable respiratory viruses. The bill would require the department make the information available both as individual records and, on a weekly basis, a weekly summary, identified by county, of the information collected in each field of the CMR. The bill would require certain information to be removed from the reports to prevent privacy violations. To the extent that this bill would increase the duties of local health officers, the bill 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(a)An electronic tool used by a local health officer, as defined by subdivision (a) of Section 2500 of Title 17 of the California Code of Regulations, for the purpose of reporting cases of communicable respiratory disease to the State Department of Public Health, as required by Sections 2500 and 2502 of Title 17 of the California Code of Regulations, shall include the capacity to collect and report data relating to all of the following:
(1)The type of housing where the patient resides.
(2)The number of people in the household where the patient resides.
(3)The occupation and workplace of the patient.
(4)A relevant travel history based on the disease course.
(b)In addition to the information required to be reported pursuant to Section 2500 of Title 17 of the California Code of Regulations, a health care provider, as defined by subdivision (a) of Section 2500 of Title 17 of the California Code of Regulations, that knows of, or is in attendance on, a case or suspected case of any of the communicable respiratory diseases or conditions listed in subdivision (j) of Section 2500 of Title 17 of the California Code of Regulations shall report to the local health officer for the jurisdiction where the patient resides, all of the following: following, if known:
(1)The type of housing where the patient resides.
(2)The number of people in the household where the patient resides.
(3)The occupation and workplace of the patient.
(4)A relevant travel history based on the disease course.
120265.1.(a)(1)The department shall create a program to provide expedited release, during a declared public health emergency, of health care data, including from Confidential Morbidity Reports and contact tracing reports, to researchers at a bona fide research institution of higher education. The department shall make the data available promptly, and on an ongoing basis, only to qualified researchers who sign a memorandum of understanding (MOU) with the department agreeing to use the data only for public health research purposes, to not disclose it to any other party, and to keep all personal information confidential.
(2)The program shall create a special Institutional Review Board to review requests submitted under paragraph (1) and to approve or reject the requests within 15 days of receiving a completed application.
(3)In order to protect the personal privacy of individuals, and to promote holding recipients of personal information fully and legally accountable for individuals privacy, each MOU shall be published in full and available to the general public on the departments internet website within 1 business day of the department agreeing to it, and shall identify each institution that receives personal information under that MOU, including the names and institutional affiliations of the principal investigators who are conducting the research and a copy of the actual research proposal for which the department entered into the MOU.
(4)A person who accesses or obtains nonpublic personal data shall sign an MOU. Violation of an MOU shall be considered a violation of Section 1798.56 of the Civil Code and, if applicable, Section 1798.57 of the Civil Code.
(b)For purposes of this section, a bona fide research institution of higher education means a campus of the University of California or independent institutions of higher education, as defined in subdivision (b) of Section 66010 of the Education Code, that offer postgraduate degrees in public health.
(c)The department shall implement this chapter only upon an appropriation by the Legislature for these purposes in the annual Budget Act or another statute.
(d)This section shall not alter or reduce the obligations of the department under Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code, including, but not limited to, subdivision (t) of Section 1798.24.
(e)This section shall not authorize the release of these records to researchers by a local health department or any entity other than the State Department of Public Health.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)An electronic tool used by a local health officer, as defined by subdivision (a) of Section 2500 of Title 17 of the California Code of Regulations, for the purpose of reporting cases of communicable respiratory disease to the State Department of Public Health, as required by Sections 2500 and 2502 of Title 17 of the California Code of Regulations, shall include the capacity to collect and report data relating to all of the following:
(1)The type of housing where the patient resides.
(2)The number of people in the household where the patient resides.
(3)The occupation and workplace of the patient.
(4)The cities that the patient has traveled to in the previous 14 days.(4)A relevant travel history based on the disease course.
(b)In addition to the information required to be reported pursuant to Section 2500 of Title 17 of the California Code of Regulations, a health care provider, as defined by subdivision (a) of Section 2500 of Title 17 of the California Code of Regulations, that knows of, or is in attendance on, a case or suspected case of any of the communicable respiratory diseases or conditions listed in subdivision (j) of Section 2500 of Title 17 of the California Code of Regulations shall report to the local health officer for the jurisdiction where the patient resides, all of the following:
(1)The type of housing where the patient resides.
(2)The number of people in the household where the patient resides.
(3)The occupation and workplace of the patient.
(4)The cities that the patient has traveled to in the previous 14 days.(4)A relevant travel history based on the disease course.
120265.1.(a)(1)The department shall create a program to provide expedited release, during a declared public health emergency, of health care data, including from Confidential Morbidity Reports and contact tracing reports, to researchers at a bona fide research institution of higher education. The department shall make the data available promptly, and on an ongoing basis, only to qualified researchers who sign a memorandum of understanding (MOU) with the department agreeing to use the data only for public health research purposes, to not disclose it to any other party, and to keep all personal information confidential.
(2)The program shall create a special Institutional Review Board to review requests submitted under paragraph (1) and to approve or reject the requests within 15 days of receiving a completed application.
(3)In order to protect the personal privacy of individuals, and to promote holding recipients of personal information fully and legally accountable for individuals privacy, each MOU shall be published in full and available to the general public on the departments internet website within 1 business day of the department agreeing to it, and shall identify each institution that receives personal information under that MOU, including the names and institutional affiliations of the principal investigators who are conducting the research and a copy of the actual research proposal for which the department entered into the MOU.
(4)A person who accesses or obtains nonpublic personal data shall sign an MOU. Violation of an MOU shall be considered a violation of Section 1798.56 of the Civil Code and, if applicable, Section 1798.57 of the Civil Code.
(b)For purposes of this section, a bona fide research institution of higher education means a campus of the University of California or independent institutions of higher education, as defined in subdivision (b) of Section 66010 of the Education Code, that offer postgraduate degrees in public health.
(c)The department shall implement this chapter only upon an appropriation by the Legislature for these purposes in the annual Budget Act or another statute.
(d)This section shall not alter or reduce the obligations of the department under Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code, including, but not limited to, subdivision (t) of Section 1798.24.
(e)This section shall not authorize the release of these records to researchers by a local health department or any entity other than the State Department of Public Health.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)An electronic tool used by a local health officer, as defined by subdivision (a) of Section 2500 of Title 17 of the California Code of Regulations, for the purpose of reporting cases of communicable respiratory disease to the State Department of Public Health, as required by Sections 2500 and 2502 of Title 17 of the California Code of Regulations, shall include the capacity to collect and report data relating to all of the following:
(1)The type of housing where the patient resides.
(2)The number of people in the household where the patient resides.
(3)The occupation and workplace of the patient.
(4)The cities that the patient has traveled to in the previous 14 days.
(b)In addition to the information required to be reported pursuant to Section 2500 of Title 17 of the California Code of Regulations, a health care provider, as defined by subdivision (a) of Section 2500 of Title 17 of the California Code of Regulations, that knows of, or is in attendance on, a case or suspected case of any of the communicable respiratory diseases or conditions listed in subdivision (j) of Section 2500 of Title 17 of the California Code of Regulations shall report to the local health officer for the jurisdiction where the patient resides, all of the following:
(1)The type of housing where the patient resides.
(2)The number of people in the household where the patient resides.
(3)The occupation and workplace of the patient.
(4)The cities that the patient has traveled to in the previous 14 days.
120265.1.(a)The department shall create a program to provide expedited release, during a declared public health emergency, of health care data, including from Confidential Morbidity Reports and contact tracing reports, to researchers at a bona fide research institution of higher education. The department shall make the data available promptly, and on an ongoing basis, to qualified researchers who sign a memorandum of understanding with the department agreeing to use the data only for public health research purposes, to not disclose it to any other party, and to keep all personal information confidential.
(b)For purposes of this section, a bona fide research institution of higher education means a campus of the University of California or independent institutions of higher education, as defined in subdivision (b) of Section 66010 of the Education Code, that offer postgraduate degrees in public health.
(c)The department shall implement this chapter only upon an appropriation by the Legislature for these purposes in the annual Budget Act or another statute.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)An electronic tool used by a local health officer, as defined by subdivision (a) of Section 2500 of Title 17 of the California Code of Regulations, for the purpose of reporting cases of communicable respiratory disease to the State Department of Public Health, as required by Sections 2500 and 2502 of Title 17 of the California Code of Regulations, shall include the capacity to collect and report data relating to all of the following:
(1)The type of housing where the patient resides.
(2)The number of people in the household where the patient resides.
(3)The occupation and workplace of the patient.
(4)The cities that the patient has traveled to in the previous 14 days.
(b)In addition to the information required to be reported pursuant to Section 2500 of Title 17 of the California Code of Regulations, a health care provider, as defined by subdivision (a) of Section 2500 of Title 17 of the California Code of Regulations, that knows of, or is in attendance on, a case or suspected case of any of the communicable respiratory diseases or conditions listed in subdivision (j) of Section 2500 of Title 17 of the California Code of Regulations shall report to the local health officer for the jurisdiction where the patient resides, all of the following:
(1)The type of housing where the patient resides.
(2)The number of people in the household where the patient resides.
(3)The occupation and workplace of the patient.
(4)The cities that the patient has traveled to in the previous 14 days.
120265.1.(a)The department shall create a program to provide expedited release release, during a declared public health emergency, of health care data, including from Confidential Morbidity Reports and contact tracing reports, to researchers at a bona fide research institution of higher education. The department shall make the data available promptly, and on an ongoing basis, to qualified researchers who sign a memorandum of understanding with the department agreeing to use the data only for public health research purposes, to not disclose it to any other party, and to keep all personal information confidential.
(b)For purposes of this section, a bona fide research institution of higher education means a campus of the University of California or independent institutions of higher education, as defined in subdivision (b) of Section 66010 of the Education Code, that offer postgraduate degrees in public health.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)An electronic tool used by a local health officer, as defined by subdivision (a) of Section 2500 of Title 17 of the California Code of Regulations, for the purpose of reporting cases of communicable respiratory disease to the State Department of Public Health, as required by Sections 2500 and 2502 of Title 17 of the California Code of Regulations, shall include the capacity to collect and report data relating to all of the following:
(1)The type of housing where the patient resides.
(2)The number of people in the household where the patient resides.
(3)The occupation and workplace of the patient.
(4)The cities that the patient has traveled to in the previous 14 days.
(b)In addition to the information required to be reported pursuant to Section 2500 of Title 17 of the California Code of Regulations, a health care provider, as defined by subdivision (a) of Section 2500 of Title 17 of the California Code of Regulations, that knows of, or is in attendance on, a case or suspected case of any of the communicable respiratory diseases or conditions listed in subdivision (j) of Section 2500 of Title 17 of the California Code of Regulations shall report to the local health officer for the jurisdiction where the patient resides, all of the following:
(1)The type of housing where the patient resides.
(2)The number of people in the household where the patient resides.
(3)The occupation and workplace of the patient.
(4)The cities that the patient has traveled to in the previous 14 days.
120265.1.(a)The State Department of Public Health shall collect and make publicly available, in machine-readable form, information collected in accordance with Chapter 4 (commencing with Section 2500) of Division 1 of Title 17 of the California Code of Regulations in cases of communicable respiratory disease.(b)In addition to making individual record information available pursuant to subdivision (a), the department, during a declared public health emergency, shall make publicly available, in the same form, a weekly summary, identified by county, of the information collected in response to each question asked in accordance with Chapter 4 (commencing with Section 2500) of Division 1 of Title 17 of the California Code of Regulations in cases of communicable respiratory disease.(c)To prevent violations of privacy, before releasing an individual record, the department shall remove from the reports all of the information listed in the Safe Harbor provisions of the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996 (Section 164.514(b)(2) of Title 45 of the Code of Federal Regulations).120265.1.(a)The department shall create a program to provide expedited release of health care data, including from Confidential Morbidity Reports and contact tracing reports, to researchers at a bona fide research institution of higher education. The department shall make the data available promptly, and on an ongoing basis, to qualified researchers who sign a memorandum of understanding with the department agreeing to use the data only for public health research purposes, to not disclose it to any other party, and to keep all personal information confidential.
(b)For purposes of this section, a bona fide research institution of higher education means a campus of the University of California or independent institutions of higher education, as defined in subdivision (b) of Section 66010 of the Education Code, that offer postgraduate degrees in public health.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)An electronic tool used by a local health officer, as defined by subdivision (a) of Section 2500 of Title 17 of the California Code of Regulations, for the purpose of reporting cases of communicable respiratory disease to the State Department of Public Health, as required by Sections 2500 and 2502 of Title 17 of the California Code of Regulations, shall include the capacity to collect and report data relating to all of the following:
(1)The type of housing where the patient resides.
(2)The number of people in the household where the patient resides.
(3)The occupation and workplace of the patient.
(4)The cities that the patient has traveled to in the previous 14 days.
(b)In addition to the information required to be reported pursuant to Section 2500 of Title 17 of the California Code of Regulations, a health care provider, as defined by subdivision (a) of Section 2500 of Title 17 of the California Code of Regulations, that knows of, or is in attendance on, a case or suspected case of any of the communicable respiratory diseases or conditions listed in subdivision (j) of Section 2500 of Title 17 of the California Code of Regulations shall report to the local health officer for the jurisdiction where the patient resides, all of the following:
(1)The type of housing where the patient resides.
(2)The number of people in the household where the patient resides.
(3)The occupation and workplace of the patient.
(4)The cities that the patient has traveled to in the previous 14 days.
120265.1.(a)The State Department of Public Health shall collect and make publicly available, in machine-readable form, information described in Sections 120265.2 and 120265.3, obtained from health providers regarding incidences of communicable respiratory viruses, as provided in this chapter. The information shall be collected using the Confidential Morbidity Report (CMR), collected in accordance with Chapter 4 (commencing with Section 2500) of Division 1 of Title 17 of the California Code of Regulations. Regulations in cases of communicable respiratory disease.
(b)In addition to making individual record information made available pursuant to subdivision (a), the department department, during a declared public health emergency, shall make publicly available, in the same form, a weekly summary, identified by county, of the information collected in each field of the CMR. response to each question asked in accordance with Chapter 4 (commencing with Section 2500) of Division 1 of Title 17 of the California Code of Regulations in cases of communicable respiratory disease.
(c)To prevent violations of privacy, before releasing this information an individual record, the department shall remove all of the following information from the reports: from the reports all of the information listed in the Safe Harbor provisions of the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996 (Section 164.514(b)(2) of Title 45 of the Code of Federal Regulations).
(1)Names.(2)Birth dates.(3)Telephone numbers.(4)Email addresses.(5)Addresses, with the exception of the first three digits of the ZIP Code.120265.2.An individual record shall include all of the following initial information:(a)Age, by five-year interval groups.(b)Race or ethnicity.(c)Gender.(d)Date of symptom onset or date of case record.(e)Whether the person had a close contact who tested positive for the disease.(f)Whether the person had a household contact who tested positive for the disease.(g)Whether the person had a community contact who tested positive for the disease, and if so, the type of community setting where the contact occurred.(h)Whether the person had a health care contact who tested positive for the disease.(i)Whether the person had a workplace contact who tested positive for the disease, and if so, the name and address of the workplace. (j)Which of the following categories describes the persons housing status at the time of infection:(1)Single-family home.(2)Hotel or motel.(3)Nursing home or assisted living facility.(4)Rehabilitation facility.(5)Mobilehome.(6)Apartment.(7)Acute care inpatient facility.(8)Correctional facility.(9)Group home.(10)Homeless shelter.(11)Unhomed.(12)Other.(k)Household composition, including both of the following:(1)Number of child and adult household members.(2)Number of household members over 65 years of age.(l)Occupation, by industry.(m)Employment status, from the following options:(1)Employed, and if so, name and location of workplace.(2)Self-employed.(3)Unemployed.(4)Retired.(5)Disabled.(6)Student.(n)Whether the person works in any of the following sensitive settings:(1)Health care facility.(2)Skilled nursing or long term care facility.(3)Childcare facility.(4)K12 educational facility.(5)Correctional facility.(6)Homeless shelter.(o)Travel status, as follows:(1)Whether the person traveled domestically in the previous 14 days, and if so, to what city and state.(2)Whether the person traveled internationally in the previous 14 days, and if so, to what country.(p)Whether the person was hospitalized for the disease.(q)The persons count of chronic conditions.120265.3.The following information, collected at the time an individual is tested for a suspected communicable respiratory virus, shall also be collected by the department:(a)Whether the person had a close contact known to have tested positive, and if so, the following information:(1)The contact date.(2)The setting, from the following:(A)Household.(B)Workplace.(C)Community.(b)Whether the person is currently working, and if so, the job, workplace name, and location.(c)Which of the following categories describes the persons housing status at the time of infection: (1)Single-family home.(2)Hotel or motel.(3)Nursing home or assisted living facility.(4)Rehabilitation facility.(5)Mobilehome.(6)Apartment.(7)Acute care inpatient facility.(8)Correctional facility.(9)Group home.(10)Homeless shelter.(11)Unhomed.(12)Other.(d)ZIP Code.(e)Number of child, adult, and elderly household members.(f)Whether the person has traveled within the previous 14 days and if so, to what city, state, or country, and by what mode of travel, such as car, bus, train, or air.SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The State Department of Public Health shall collect and make publicly available, in machine-readable form, information described in Sections 120265.2 and 120265.3, obtained from health providers regarding incidences of communicable respiratory viruses, as provided in this chapter. The information shall be collected using the Confidential Morbidity Report (CMR), in accordance with Chapter 4 (commencing with Section 2500) of Division 1 of Title 17 of the California Code of Regulations.
(b)In addition to making individual record information made available pursuant to subdivision (a), the department shall make publicly available, in the same form, a weekly summary, identified by county, of the information collected in each field of the CMR.
(c)To prevent violations of privacy, before releasing this information the department shall remove all of the following information from the reports:
(1)Names.
(2)Birth dates.
(3)Telephone numbers.
(4)Email addresses.
(5)Addresses, with the exception of the first three digits of the ZIP Code.
120265.2.An individual record shall include all of the following initial information:
(a)Age, by five-year interval groups.
(b)Race or ethnicity.
(c)Gender.
(d)Date of symptom onset or date of case record.
(e)Whether the person had a close contact who tested positive for the disease.
(f)Whether the person had a household contact who tested positive for the disease.
(g)Whether the person had a community contact who tested positive for the disease, and if so, the type of community setting where the contact occurred.
(h)Whether the person had a health care contact who tested positive for the disease.
(i)Whether the person had a workplace contact who tested positive for the disease, and if so, the name and address of the workplace.
(j)Which of the following categories describes the persons housing status at the time of infection:
(1)Single-family home.
(2)Hotel or motel.
(3)Nursing home or assisted living facility.
(4)Rehabilitation facility.
(5)Mobilehome.
(6)Apartment.
(7)Acute care inpatient facility.
(8)Correctional facility.
(9)Group home.
(10)Homeless shelter.
(11)Unhomed.
(12)Other.
(k)Household composition, including both of the following:
(1)Number of child and adult household members.
(2)Number of household members over 65 years of age.
(l)Occupation, by industry.
(m)Employment status, from the following options:
(1)Employed, and if so, name and location of workplace.
(2)Self-employed.
(3)Unemployed.
(4)Retired.
(5)Disabled.
(6)Student.
(n)Whether the person works in any of the following sensitive settings:
(1)Health care facility.
(2)Skilled nursing or long term care facility.
(3)Childcare facility.
(4)K12 educational facility.
(5)Correctional facility.
(6)Homeless shelter.
(o)Travel status, as follows:
(1)Whether the person traveled domestically in the previous 14 days, and if so, to what city and state.
(2)Whether the person traveled internationally in the previous 14 days, and if so, to what country.
(p)Whether the person was hospitalized for the disease.
(q)The persons count of chronic conditions.
120265.3.The following information, collected at the time an individual is tested for a suspected communicable respiratory virus, shall also be collected by the department:
(a)Whether the person had a close contact known to have tested positive, and if so, the following information:
(1)The contact date.
(2)The setting, from the following:
(A)Household.
(B)Workplace.
(C)Community.
(b)Whether the person is currently working, and if so, the job, workplace name, and location.
(c)Which of the following categories describes the persons housing status at the time of infection:
(1)Single-family home.
(2)Hotel or motel.
(3)Nursing home or assisted living facility.
(4)Rehabilitation facility.
(5)Mobilehome.
(6)Apartment.
(7)Acute care inpatient facility.
(8)Correctional facility.
(9)Group home.
(10)Homeless shelter.
(11)Unhomed.
(12)Other.
(d)ZIP Code.
(e)Number of child, adult, and elderly household members.
(f)Whether the person has traveled within the previous 14 days and if so, to what city, state, or country, and by what mode of travel, such as car, bus, train, or air.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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Date
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Status
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|---|---|
| Aug 26, 2021 | August 26 hearing: Held in committee and under submission. |
| Aug 19, 2021 | August 19 set for first hearing. Placed on suspense file. |
| Jul 14, 2021 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 13, 2021 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 13). |
| Jun 24, 2021 | Read second time and amended. Re-referred to Com. on JUD. |
| Jun 23, 2021 | From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 11. Noes 0.) (June 22). |
| Jun 10, 2021 | Referred to Coms. on HEALTH and JUD. |
| Jun 2, 2021 | In Assembly. Read first time. Held at Desk. |
| Jun 2, 2021 | Read third time. Passed. (Ayes 37. Noes 1. Page 1393.) Ordered to the Assembly. |
| May 24, 2021 | Read second time. Ordered to third reading. |
| May 20, 2021 | From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1203.) (May 20). |
| May 14, 2021 | Set for hearing May 20. |
| May 10, 2021 | May 10 hearing: Placed on APPR suspense file. |
| May 4, 2021 | Set for hearing May 10. |
| Apr 29, 2021 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 28, 2021 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 937.) (April 27). |
| Apr 23, 2021 | Set for hearing April 27. |
| Apr 22, 2021 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD. |
| Apr 22, 2021 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 0. Page 877.) (April 21). Re-referred to Com. on JUD. |
| Apr 7, 2021 | Set for hearing April 21. |
| Apr 5, 2021 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH. |
| Mar 3, 2021 | Referred to Coms. on HEALTH and JUD. |
| Feb 22, 2021 | (Ayes 32. Noes 4.) |
| Feb 22, 2021 | From printer. May be acted upon on or after March 24. |
| Feb 19, 2021 | Introduced. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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|
|---|---|---|---|---|
| Jun 2, 2021 | Senate 3rd Reading SB744 Glazer et al. | Senate Floor |
Passed |
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Positions by individuals are not included.
Bill Author
