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SB-433 Developmental services: data exchange.(2017-2018)

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Date Published: 03/29/2017 09:00 PM
SB433:v97#DOCUMENT

Amended  IN  Senate  March 29, 2017
Amended  IN  Senate  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 433


Introduced by Senator Mendoza

February 15, 2017


An act to add Section 1095.5 to the Unemployment Insurance Code, relating to developmental services.


LEGISLATIVE COUNSEL'S DIGEST


SB 433, as amended, Mendoza. Developmental services: data exchange.
Existing law creates the Employment Development Department in the Labor and Workforce Development Agency and vests it with certain functions, including job creation and computation of the amount and duration of benefits. Existing law authorizes the Employment Development Department to provide specified information to specific agencies subject to any restrictions imposed by state and federal law. Existing law establishes the Employment First Policy, which is the policy that opportunities for integrated, competitive employment be given the highest priority for working-age individuals with developmental disabilities, regardless of the severity of their disabilities.
This bill would authorize the Employment Development Department to disclose specified information to the State Department of Developmental Services, upon request, through information-sharing agreements or data interfaces to assist the State Department of Developmental Services in the implementation of the Employment First Policy and to support consumers in the achievement of competitive integrated employment. The bill would subject the disclosure of this information to various privacy laws. By expanding a crime under these provisions, this bill would impose a state-mandated local program.
The bill would authorize the Employment Development Department to seek reimbursement for the costs associated with disclosing this information from the State Department of Developmental Services.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1095.5 is added to the Unemployment Insurance Code, to read:

1095.5.
 (a) (1) The department may permit the use of employment information as described in this section by the State Department of Developmental Services, upon request, through information-sharing agreements or data interfaces to assist the State Department of Developmental Services in the implementation of the Employment First Policy and to support consumers in the achievement of competitive integrated employment.
(2) Employment information disclosed pursuant to this section shall be limited to the following:
(A) Information necessary to validate or make eligibility determination, including wages, Wages, identifying information, industry, and business names.
(B) Demographic information of any consumer of the State Department of Developmental Services.
(3) In addition to any other fine or penalty imposed by law for the unauthorized use or disclosure of the information disclosed pursuant to this section by any deputy, agent, clerk, officer, or employee of any agency receiving information pursuant to this section, any information received from the Employment Development Department as a result of this section shall be subject to the information-sharing and confidentiality requirements contained in paragraph (8) of subdivision (a) of Section 100504 of the Government Code.
(b) (1) This section shall not be construed to supersede the requirements and protections of the California Right to Financial Privacy Act (Chapter 20 (commencing with Section 7460) of Division 7 of Title 1 of the Government Code) in obtaining information in possession of any financial institution.
(2) This section shall not be construed to supersede, replace, or in any way modify any privacy and information security requirements and protections in federal or state law regarding protected health information or personally identifiable information, including, but not limited to, the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), Section 14100.2 of the Welfare and Institutions Code, and any other state or federal law that is intended to, or has the effect of, protecting individual privacy and information security.
(c) The Employment Development Department may seek reimbursement from the State Department of Developmental Services for costs incurred in providing the information pursuant to this section.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.