Communicable diseases: HIV reporting.

Senator Laird’s bill would authorize health care providers to disclose identifying information about patients with HIV to local health jurisdictions or the Department of Public Health to complete or supplement HIV case reports, and to support the local and state public health effort in investigation, control, surveillance, or coordination of linkage to or reengagement in care.

Key mechanisms include adding identifying-information disclosures to complete or supplement HIV case reports and to carry out public health duties, while maintaining strict confidentiality protections. The measure requires health care providers and local health officers to report HIV infection to the local officer using names on department-developed forms, with unduplicated cases reported by name to the department. It provides that disclosures may occur notwithstanding certain Civil Code provisions if necessary for reporting or public health duties, and it preserves access to confidential records only for specified purposes and recipients, with access limited by confidentiality duties and annual review of related confidentiality agreements.

The bill also expands data-sharing arrangements to verify program eligibility and funding streams. It authorizes the State Department of Public Health and the Franchise Tax Board to exchange identifying information and income data for the purpose of verifying modified adjusted gross income and related financial information, with the Franchise Tax Board returning or destroying information after the exchange. The exchange includes the names, dates of birth, and ITIN or SSN of individuals, plus income and household details such as federal and California adjusted gross income, tax-exempt amounts, foreign earned income, and family size, drawn from the most recent available tax year. Information provided under these provisions remains confidential public health records and is protected by applicable confidentiality laws and HIPAA, with agreements to limit access and to govern penalties for breaches; disclosure is limited to specified entities, and is not to be disclosed to the federal government except as permitted by law.

In addition, the bill creates a framework for sharing health-record information among qualified entities (such as the Department of Health Care Services, the Exchange, Medi-Cal plans, Bridge Program participants, and county health departments) for purposes related to enrolling beneficiaries in Medi-Cal or other covered programs and ensuring ongoing access to those programs, while prohibiting disclosure of HIV or AIDS surveillance data beyond the defined channels and requiring compliance with federal privacy protections. The provisions are framed to operate to the extent permitted by federal law, with ongoing protections for confidentiality and clear limitations on further disclosure. These changes sit within the broader statutory structure governing HIV reporting, confidentiality, and public health data management, and would be implemented through department forms, confidentiality agreements, and data-handling protocols aligned with existing privacy safeguards.