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CA SB270
Bill
AI Summary
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Requires clinics, health facilities, home health agencies, and hospices to report unlawful or unauthorized access to patient medical information to the department and affected patients within 5 business days of detection, with exceptions for law enforcement investigations limited to 30-60 days.
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Establishes administrative penalties up to $25,000 per patient for initial violations and $17,500 for subsequent violations, with daily penalties of $100 for failure to report (capped at $250,000 per event) and creates a rebuttable presumption that facilities did not notify patients if notification was not documented.
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Requires the California Health and Human Services Agency or a state-designated nonprofit entity to facilitate health information exchange electronically among organizations in accordance with applicable state and federal law while protecting patient privacy.
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Extends the Health Insurance Portability and Accountability Implementation Act from July 1, 2010, to January 1, 2013, when it will be repealed unless extended by subsequent legislation.
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Takes effect immediately as an urgency statute.
Legislative Description
Health care providers: medical information.
Last Action
Chaptered by Secretary of State. Chapter 501, Statutes of 2010.
9/29/2010