Bill Text: CA AB648 | 2019-2020 | Regular Session | Amended
Bill Title: Wellness programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-06-23 - Referred to Com. on HEALTH. [AB648 Detail]
Download: California-2019-AB648-Amended.html
Amended
IN
Assembly
January 23, 2020 |
Amended
IN
Assembly
March 28, 2019 |
Amended
IN
Assembly
March 12, 2019 |
Introduced by Assembly Member Nazarian |
February 15, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Because a willful violation of these requirements would be a crime, the bill would impose
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall beSEC. 2.
Section 1367.13 is added to the Health and Safety Code, to read:1367.13.
(a) A health care service plan shall not do either of the following:(e)(1)If this section conflicts with federal law, the director may adopt regulations to conform to federal law.
(2)
(h)
(3)“Personal
information” means information that identifies or could reasonably be linked, directly or indirectly, with either an enrollee or member or their household.
(A)“Personal information” includes, but is not limited to, an enrollee’s or member’s past, present, or future physical or mental health condition, common identifiers, including a name, address, birth date, social security number, or any other identification number, and protected health information.
(B)(i)“Personal information” excludes any publicly available information, and excludes any deidentified or aggregate information about an enrollee or member.
(ii)“Publicly available information” means information that is lawfully made available pursuant
to federal and state law.
(iii)For purposes of this section, the deidentification of personal information shall meet the requirements set forth in Section 164.514 of Title 45 of the Code of Federal Regulations.
(4)“Protected health information” has the same definition as in Section 160.103 of Title 45 of the Code of Federal Regulations.
(5)
SEC. 3.
Section 10127.6 is added to the Insurance Code, to read:10127.6.
(a) An insurer shall not do either of the following:(e)(1)If this section conflicts with federal law, the commissioner may adopt regulations to conform to federal law.
(2)
(h)
(3)“Personal information” means information that identifies or could reasonably be linked, directly or indirectly, with either the insured or their household.
(A)“Personal information” includes, but is not limited to, an insured’s past, present, or future physical or mental health condition, common identifiers, including a name, address, birth date, social security number, or any other identification number, and protected health information.
(B)(i)“Personal information” excludes
any publicly available information, and excludes any deidentified or aggregate information about an insured.
(ii)“Publicly available information” means information that is lawfully made available pursuant to federal and state law.
(iii)For purposes of this section, the deidentification of personal information shall meet the requirements set forth in Section 164.514 of Title 45 of the Code of Federal Regulations.
(4)“Protected health information” has the same definition as in Section 160.103 of Title 45 of the Code of Federal Regulations.
(5)
SEC. 4.
Section 436 is added to the Labor Code, to read:436.
(a) (1) An employer shall not require an employee to participate in a wellness program as a condition of employment.(i)
(4)“Personal information” means information that identifies or could reasonably be linked, directly or indirectly, with either the employee or their household.
(A)“Personal information” includes, but is not limited to, an employee’s past, present, or future physical or mental health condition, and common identifiers, including a name, address, birth date, social security number, or any other identification number.
(B)(i)“Personal information”
excludes any publicly available information, and excludes any deidentified or aggregate information about an employee.
(ii)For purposes of this section, the deidentification of personal information shall meet the requirements set forth in Section 164.514 of Title 45 of the Code of Federal Regulations.
(5)“Publicly available information” means information that is lawfully made available pursuant to federal and state
law.
(6)