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AB-2278 Lead screening.(2019-2020)

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Date Published: 03/02/2020 09:00 PM
AB2278:v98#DOCUMENT

Amended  IN  Assembly  March 02, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2278


Introduced by Assembly Members Quirk, Cristina Garcia, Grayson, Reyes, and Salas
(Principal coauthor: Senator Leyva)

February 14, 2020


An act to amend Section 124130 of the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


AB 2278, as amended, Quirk. Childhood lead poisoning prevention. Lead screening.
Existing law, the Childhood Lead Poisoning Prevention Act of 1991, law requires the State Department of Public Health to adopt regulations establishing a standard of care at least as stringent as the most recent federal Centers for Disease Control and Prevention screening guidelines, whereby all children are evaluated for risk of lead poisoning by health care providers during each child’s periodic health assessment. maintain an electronic database to support electronic laboratory reporting of blood lead tests, management of lead-exposed children, and assessment of sources of lead exposures. Existing law requires a laboratory that performs a blood lead analysis on a specimen of human blood drawn in California to report specified information, including the test results and the name, birth date, and address of the person tested, to the department for each analysis on every person tested. Existing law authorizes the department to share the information reported with by a laboratory with, among other entities, the State Department of Health Care Services for the purpose of determining whether children enrolled in Medi-Cal are being screened for lead poisoning and receiving appropriate related services.

This bill also would require the laboratory to report the name of the health plan paying for the test to the department for each analysis on every person tested.

This bill also would additionally require a laboratory that performs a blood lead analysis to report to the department, among other things, the Medi-Cal identification number and medical plan identification number, if available, for each analysis on every person tested.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 124130 of the Health and Safety Code is amended to read:

124130.
 (a) A laboratory that performs a blood lead analysis on a specimen of human blood drawn in California shall report the information specified in this section to the department for each analysis on every person tested.
(b) The analyzing laboratory shall report all of the following:
(1) The test results in micrograms of lead per deciliter.
(2) The name of the person tested.
(3) The person’s birth date if the analyzing laboratory has that information, or, if not, the person’s age.
(4) The person’s address, including the ZIP Code, and telephone number if the analyzing laboratory has that information, or, if not, a telephone number by which the person may be contacted.
(5) The name, address, and telephone number of the health care provider that ordered the analysis.
(6) The name, address, and telephone number of the analyzing laboratory.
(7) The accession number of the specimen.
(8) The date the analysis was performed.

(9)The name of the health plan paying for the test.

(9) The Medi-Cal identification number and medical plan identification number, if available.
(c) The analyzing laboratory shall report all of the following information that it possesses:
(1) The person’s gender.
(2) The name, address, and telephone number of the person’s employer, if any.
(3) The date the specimen was drawn.
(4) The source of the specimen, specified as venous, capillary, arterial, cord blood, or other.
(d) The analyzing laboratory may report to the department other information that directly relates to the blood lead analysis or to the identity, location, medical management, or environmental management of the person tested.
(e) If the result of the blood lead analysis is a blood lead level equal to or greater than 10 micrograms of lead per deciliter of blood, the report required by this section shall be submitted within three working days of the analysis. If the result is less than 10 micrograms per deciliter, the report required by this section shall be submitted within 30 calendar days of the analysis.
(f) A report required by this section shall be submitted by electronic transfer.
(g) All information reported pursuant to this section shall be confidential, as provided in Section 100330, except that the department may share the information for the purpose of surveillance, case management, investigation, environmental assessment, environmental remediation, or abatement with the local health department, environmental health agency authorized pursuant to Section 101275, or building department, and with the State Department of Health Care Services for the purpose of determining whether children enrolled in Medi-Cal are being screened for lead poisoning and receiving appropriate related services. The Department of Health Care Services may further disclose the information to a managed health care plan in which a beneficiary who is the subject of the information is enrolled, who may further disclose this information to the beneficiary’s health care provider to proactively offer and coordinate care and treatment services and administer payment programs. The local health department, environmental health agency, or building department shall otherwise maintain the confidentiality of the information in the manner provided in Section 100330. The State Department of Health Care Services shall use, disclose, and maintain the confidentiality of information shared with it pursuant to this subdivision in accordance with the federal Health Insurance Portability and Accountability Act of 1996, as may be amended, and pursuant to regulations promulgated thereto, and other laws applicable to information in possession of the State Department of Health Care Services. The Legislature finds and declares that under existing law this information is not subject to public disclosure.
(h) The director may assess a fine up to five hundred dollars ($500) against a laboratory that knowingly fails to meet the reporting requirements of this section.
(i) A laboratory shall not be fined or otherwise penalized for failure to provide the patient’s birth date, age, address, or telephone number if the result of the blood lead analysis is a blood lead level less than 25 micrograms of lead per deciliter of blood, and if all of the following circumstances exist:
(1) The test sample was sent to the laboratory by another medical care provider.
(2) The laboratory requested the information from the medical care provider who obtained the sample.
(3) The medical care provider who obtained the sample and sent it to the laboratory failed to provide the patient’s birth date, age, address, or telephone number.