SB 360

Under current law, patient health care records are confidential but may be

released upon written consent of the patient or a person authorized by the patient.

Current law also requires health care providers to release patient health care records

without the consent of the patient under certain circumstances. Mental health

treatment records are also confidential, under current law, but may be released

under certain circumstances.

The bill defines a covered entity as a health plan, health plan clearinghouse, or

a health care provider who transmits any health information in electronic form in

connection with a certain transaction, as described under federal regulations. Under

this bill, a covered entity or a business associate of a covered entity that uses,

discloses, or requests disclosure of protected health information in a mental health

treatment record or patient health care record is exempt from certain confidentiality

requirements if the use, disclosure, or request complies with certain federal

regulations and is made for the purposes of treatment, payment, or health care

operations, as those purposes are defined by federal regulation. Under the bill, a

covered entity that is a mental health treatment facility must comply with the notice

of privacy practices obligations under federal regulations. The bill also requires the

Department of Health Services to make available, to all applicable health care

facilities and on its Internet site, a comprehensive and accessible document written

in commonly understood language that explains health information privacy rights.