Communicable diseases: HIV reporting.
What changed between versions
Section 121022 of the Health and Safety Code is now directly amended by the bill. Previously the bill only referenced this section without changing it. The new amendment establishes comprehensive HIV case reporting requirements, including mandatory name-based reporting by providers and laboratories, permitted disclosure pathways, breach investigation procedures, and penalties.
Provider disclosure of patient identifying information to public health agencies changed from prohibitive language ('shall not disclose unless the disclosure is necessary') to permissive language ('may disclose if the disclosure is necessary'). This reframes the legal obligation from a restriction with exceptions to an authorization, potentially giving providers more discretion in when to share information.
A new provision (Section 121022(i)) explicitly prohibits any person from disclosing HIV identifying information reported under the section to the federal government, including any agency, employee, agent, or contractor acting on behalf of the federal government, except as permitted under Section 121025(b). This is a new explicit barrier against federal data sharing.
A new requirement (Section 121022(e)) obligates the department and local health officers to ensure continued reasonable access to anonymous HIV testing through alternative testing sites, in consultation with HIV planning groups and affected stakeholders including representatives of persons living with HIV.
Cross-references throughout Sections 121025, 121026, and Revenue and Taxation Code Section 19548.2 were updated to reflect the reorganized subdivision numbering in Section 121022 (e.g., references changed from subdivision (f) to (h), etc.).
Gender-neutral language changes: 'his or her' was replaced with 'their' in Section 121026 and related provisions.