Health information.

(1) Existing law establishes provisions for the licensing and certification of clinics, health facilities, home health agencies, and hospices under the jurisdiction of the State Department of Public Health. Existing law requires these entities to prevent unlawful or unauthorized access to, and use or disclosure of, a patient's medical information, and authorizes the department to assess administrative penalties for violations. Existing law also requires these entities to report instances of unlawful or unauthorized access to, and use or disclosure of, a patient's medical information to the department and to the affected patient or patient's representative, as prescribed, within 5 days of detecting it. This bill would specify that this period is 5 business days. This bill would require a clinic, health facility, home health agency, or hospice to delay reporting to the affected patient or patient's representative the unlawful or unauthorized access to, and use or disclosure of, a patient's medical information beyond 5 business days, as specified, if a law enforcement agency or official provides a written or oral statement that compliance with that reporting requirement would impede the law enforcement agency's activities that relate to the unlawful or unauthorized access to, and use or disclosure of, a patients medical information and specifying the date upon which the delay shall end, as prescribed. (2) Existing law establishes the Office of Health Information Integrity within the California Health and Human Services Agency to ensure the enforcement of state law mandating confidentiality of medical information and to impose administrative fines for the unauthorized use of medical information. This bill would, in addition, authorize the California Health and Human Services Agency to apply for federal health information technology and exchange funding and would, if no application is made by that date, require selection of a state-designated qualified nonprofit agency for the purposes of submitting an application for federal health information technology and exchange funding. This bill, in the event that the California Health and Human Services Agency applies for and receives federal health information technology and exchange funding, would create the California Health Information Technology and Exchange Fund in the State Treasury. The bill would require that all moneys in the fund be available, upon appropriation by the Legislature, for purposes related to health information technology and exchange. The bill would provide that the fund shall consist of, but would not be limited to, federal health information technology and exchange funding.