Health care providers and laboratories shall report HIV infection cases and patient names to local health officers in order to keep California competitive for federal HIV and AIDS funding. Local health officers shall report unduplicated HIV cases by name to the State Department of Health Services.
Identifying information for HIV cases reported to the local health officer and the State Department of Health Services shall not be disclosed to the federal government except when the confidential information is necessary to the investigation, control, or surveillance of disease.
The Legislature intends to make statewide longitudinal education data available and accessible to researchers so they may evaluate the effectiveness of instructional materials, strategies, and approaches for educating different types of pupils in a manner that complies with federal and state privacy laws, including the Family Educational Rights and Privacy Act of 2001 (FERPA). It is the intent of the Legislature to make pupil data available to qualified researchers from nonprofit organizations while appropriately protecting the privacy of individual pupils.
Commencing on July 1, 2010, and to the extent permissible under the Family Educational Rights and Privacy Act (FERPA) and state law, the Department of Education may act on behalf of local educational agencies under FERPA, including providing access to and protecting the security of pupil data, and may release pupil data to qualified researchers from nonprofit entities. [This law is effective until July 1, 2013, and as of January 1, 2014, is repealed, unless a later enacted statute deletes or extends that date.]
A local educational agency may access data via CALPADS concerning pupils enrolled within the local educational agency or concerning pupils who intend or are directed to enroll, subject to the rights of parents, within one local educational agency. [This law is effective until July 1, 2013, and as of January 1, 2014, is repealed, unless a later enacted statute deletes or extends that date.]
In order to promote a culture of collaboration and data analysis and to increase the identification and sharing of effective practices, local educational agencies may share data with each other via CALPADS to the extent permissible under federal and state law. [This law is effective until July 1, 2013, and as of January 1, 2014, is repealed, unless a later enacted statute deletes or extends that date.]
State DHS and local health departments may disclose to each other certain types of health information (listed 1 to 9) for the purpose of immunization and payment for such services.
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.
