The Department of Health Services shall establish a list of reportable diseases and conditions, and specify requirements (e.g. the timeliness related to the reporting of each disease and condition, the mechanisms for reporting, and the content to be included) for the reports made. The diseases listed as reportable shall be properly reported as required to the department by the health officer.
Commencing July 1, 2009, or within one year of the establishment of a state electronic laboratory reporting system, whichever is later, a report of a reportable disease or condition generated by a laboratory shall be submitted electronically in a manner specified by the Department of Public Health. This electronic reporting requirement shall not apply to reports of HIV infections. The department shall allow laboratories that receive incomplete patient information to report the name of the provider who submitted the request to the local health officer.
State and local health department employees and contractors must sign confidentiality agreements before accessing confidential HIV related public health records. Such agreements shall include information of penalties for breach of confidentiality and procedures for reporting breach.
HIV or AIDS related public health records containing personally identifying information, developed or acquired by public health agencies shall be confidential and not disclosed except as otherwise provided by law for public health purposes or with written authorization from the person who is the subject of the record or their guardian or conservator.
Disclosure of HIV/AIDS records by a state or local public health agency for public health or research purposes shall be limited to the information necessary for the purpose of that disclosure, and shall be made only upon agreement that the information will be kept confidential and will not be further disclosed without written authorization of the subject or his/her guardian/conservator.
A residential facility may obtain a waiver from the department to allow a resident who has been diagnosed as terminally ill to remain in the facility, or to become a resident of the facility when all of the conditions are met. If it is determined that resident's change in condition will pose a threat to the health and safety of the terminally ill resident or other resident, the facility may initiate procedures for a transfer.
Data collected by the Office of Statewide Health Planning and Development for certain projects shall become public information, with due regard for the confidentiality of individual patient information.
In assessing the civil penalty for a violation, all relevant facts shall be considered, including patient's medical, mental and physical condition and her history of mental disability.
Among other procedures/requirements, a school health center receiving grant funds shall have a written contract/memorandum of understanding between the school district and the health care provider or any other community providers that ensures coordination of services, ensures confidentiality and privacy of health information consistent with applicable federal and state laws.
