The California Health and Human Services Agency, one of its departments, or a state-designated entity shall execute tasks related to funds from the American Recovery and Reinvestment Act of 2009 for health information technology and exchange; and facilitate and expand the use and disclosure of health information electronically among organizations according to nationally recognized standards and implementation specifications while protecting, to the greatest extent possible, individual privacy and the confidentiality of electronic medical records.
CalOHii shall assume responsibilities for determining which provisions of state law concerning personal medical information are preempted by HIPAA. State entities impacted by HIPAA shall assist in determining which state laws concerning personal medical information are preempted by HIPAA and conform to all determinations made by the office regarding HIPAA. Any provision of state law pertaining to personal health information that is determined to be preempted by HIPAA shall not be applicable to the extent of that preemption.
Files and records of the State Ombudsman office pertaining to complaints and investigations are confidential, unless consent to disclose is obtained. Information may be disclosed to a law enforcement agency, public protective service agency, and licensing or certification agency in accordance with federal law.
The Department of Education shall create a computerized data-matching system using its own and Department of Health Care Services' Medi-Cal databases to automatically enroll eligible children into subsidized meal programs. The Department of Health Care Services must conduct the data match of local school records and return a list to the Department of Education, including only the data fields submitted by the department and an indicator of program eligibility, as required by federal law.
Limited by state and federal law and regulations limiting disclosure, local health departments and the State Department may share (c) information with any entity designated by federal or state law to receive such information. The State Department of Health Services may enter into written agreements to share confidential information with other states for the listed purposes and use of information must be limited to such purposes. Information may not be shared under this subdivision if the patient or patient's guardian refuses to allow the sharing of immunization information under (e) [i.e.
A Medicare Select issuer shall comply with reasonable requests for data made by state or federal agencies, including the United States Department of Health and Human Services for the purpose of evaluating the Medicare Select program.
An agency may disclose personal information pursuant to a determination by the agency that compelling circumstances exist that affect the health or safety of an individual, if upon the disclosure notification is transmitted to the individual to whom the information pertains at his or her last known address. Disclosure shall not be made if it is in conflict with other state or federal laws.
The state agencies of the Department of Education and Department of Health Care Services are responsible for the maintenance and protection of data received. Each state agency that possesses the data shall follow privacy and confidentiality procedures consistent with all applicable state and federal law.