AB1917:v98#DOCUMENTBill Start
Amended
IN
Assembly
March 10, 2022
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CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1917
Introduced by Assembly Member Levine
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February 09, 2022 |
An act to amend Section 14000.4 of the Welfare and Institutions Code, relating to Medi-Cal. An act to add Title 1.81.9 (commencing with Section 1798.600) to Part 4 of Division 3 of the Civil Code, relating to personal information.
LEGISLATIVE COUNSEL'S DIGEST
AB 1917, as amended, Levine.
Medi-Cal. Personal information: contact tracing.
Existing law, the Information Practices Act of 1977, prescribes a set of requirements, prohibitions, and remedies applicable to public agencies, as defined, with regard to their collection, storage, and disclosure of personal information.
Existing law, the California Consumer Privacy Act of 2018 (CCPA), grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to direct a business that sells personal information about the consumer to third parties not to sell the consumer’s personal information.
This bill would, with certain exceptions, prohibit a correctional officer or an officer, deputy, employee, or agent of a law
enforcement agency, as defined, from conducting contact tracing, as defined. The bill would authorize a person to bring a civil action to obtain injunctive relief for a violation of these provisions.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing law, the law pertaining to the Medi-Cal program is known as the “Medi-Cal Act.”
This bill would make technical, nonsubstantive changes to that provision.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
NOYES
Local Program:
NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Title 1.81.9 (commencing with Section 1798.600) is added to Part 4 of Division 3 of the Civil Code, immediately following Section 1798.202, to read:TITLE 1.81.9. Contact Tracing
1798.600.
As used in this title:(a) “Contact tracing” means identifying and monitoring individuals, through data collection and analysis, who may have had contact with an infectious person as a means of controlling the spread of a communicable disease.
(b) “Data” means measurements, transactions, determinations, locations, or other information, whether or not that information can be associated with a specific natural person.
(c) “Law enforcement agency” means any of the following:
(1) A police department.
(2) A
sheriff’s department.
(3) A district attorney.
(4) A county probation department.
(5) A transit agency police department.
(6) A school district police department.
(7) The police department of any campus of any of the following:
(A) The University of California.
(B) The California State University.
(C) A community college.
(8) The Department of the California Highway Patrol.
(9) The Department of Justice.
(10) The Department of Corrections and Rehabilitation.
1798.601.
(a) Except as provided in subdivision (b), a correctional officer or an officer, deputy, employee, or agent of a law enforcement agency shall not conduct contact tracing.(b) (1) An employee of a law enforcement agency may conduct contact tracing of employees of the same law enforcement agency.
(2) A health care worker who is not a correctional officer may conduct contact tracing in a jail or prison.
1798.602.
(a) A person may bring a civil action for a violation of this title to obtain injunctive relief.(b) A prevailing plaintiff in a civil action brought pursuant to this section shall be awarded reasonable attorney fees.
SECTION 1.Section 14000.4 of the Welfare and Institutions Code is amended to read:14000.4.This chapter shall be known, and may be cited, as the “Medi-Cal Act.”