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.
Any health practitioner who performs a forensic medical examination of a person in the custody of law enforcement from whom evidence is sought in connection with a sexual assault crime, shall prepare a written report on standard form of the Office of Emergency Services and provided to law enforcement agency with custody of the individual. The examination and report is subject to the confidentiality requirements of the Confidentiality of Medical Information Act.
The State Authorized Risk Assessment Tool for Sex Offenders (SARATSO) shall be administered by the Department of Corrections and Rehabilitation to assess every eligible person who is incarcerated in state prison and every eligible person who is on parole if the person was not assessed prior to release from state prison). The Department of Mental Health shall administer the SARATSO to assess every eligible person who is committed to that department.
(d) Certain entities may obtain individually identifiable information in order to conduct research, or to seek recovery of Medi-Cal treatment costs incurred by the state that should have been incurred by employers and insurance carriers under worker's compensation. Under these circumstances, it is unlawful for any person who has received individually identifiable information for such purposes to provide that information to any person who is not similarly entitled to it.
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.
To assess overlapping or duplicate health coverage, every health insurer shall maintain a centralized file of the subscribers' names, mailing addresses, and social security numbers or dates of birth. This information is available to the California Department of Developmental Services or a regional center upon reasonable request. The Board of Administration of the California Public Employees' Retirement System and affiliated systems can data match with the state department to identify consumers with third-party health coverage or insurance.
(a) Insurers shall make medical records available to the Department of Developmental Services or a regional center upon request, so long as (1) the department/regional center certifies that the individual is an applicant/recipient of services for the developmentally disabled or the California Early Intervention Program; or is a person who is legally responsible for the applicant or recipient; and (2) the department/regional center is in certifiable compliance with all state and federal laws pertaining to the confidentiality of medical information.
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.