Communicable diseases: HIV reporting.

Existing law requires all health care providers and laboratories to report cases of human immunodeficiency virus (HIV) infection to the local health officer and requires the local health officer to report unduplicated HIV cases to the State Department of Public Health. Existing law requires state and local health department employees and contractors to sign confidentiality agreements prior to accessing confidential HIV-related public health records. Existing law requires the department or appropriate local health department to annually review the agreements. This bill would require employees and contractors to annually sign the agreement and would repeal the annual review of the agreements. By increasing obligations on local health departments to annually obtain signed agreements, this bill would impose a state-mandated local program. Existing law requires public health records related to HIV or acquired immunodeficiency syndrome (AIDS) , containing personally identifying information, that were developed or acquired by a state or local public health agency, or an agent of that agency, to be confidential and not disclosed, except as otherwise provided by law for public health purposes or pursuant to a written authorization by the person who is the subject of the record or by their guardian or conservator. Existing law authorizes certain state or local public health officials to disclose those records to other local, state, or federal public health agencies or to medical researchers when the confidential information is necessary to carry out the duties of the agency or researcher in the investigation, control, or surveillance of disease. This bill would additionally authorize disclosure when the confidential information is necessary for the coordination of, linkage to, or reengagement in care for a person. Existing law authorizes local public health agency staff to disclose information to state and federal public health agency staff for purposes of enhancing the completeness of reporting to the federal Centers for Disease Control and Prevention (CDC) of persons coinfected with HIV and specified transmittable diseases. This bill would repeal that authority. This bill would make legislative findings and declarations as to the benefits of HIV-related data sharing and would state the intent of the Legislature to enhance these data sharing practices. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.