SACRAMENTO – Sen. Mark Leno announced today the introduction of legislation modernizing California’s HIV confidentiality and data sharing laws. Co-sponsored by the San Francisco AIDS Foundation, Los Angeles Gay & Lesbian Center, AIDS Legal Referral Panel and Conference of California Bar Associations, SB 249 protects the privacy of HIV and AIDS patients while allowing the disclosure of important medical information under limited circumstances in order to better coordinate and transition care. The bill also updates the state’s confidentiality requirements for HIV tests to ensure that all existing and new testing types are protected.
“California’s privacy protection laws for HIV patients are in great need of modernization,” said Sen. Leno, D-San Francisco. “With improvements in both state and federal laws that fully protect patient confidentiality, California’s ban on the disclosure of HIV information between caregivers has become an impediment to HIV and AIDS patients who are transitioning to new health care systems or trying to coordinate care between two or more providers. It is time to update our laws to ensure that all patients get the vital healthcare services they need, regardless of their HIV status.”
Although the state and federal governments have gone to great lengths to protect the confidentiality of HIV and AIDS patients, current California law prohibits any sharing of HIV information by public health authorities, with extremely limited exceptions, even at the request of the patient. SB 249 updates California law to ensure that providers are able to coordinate care for HIV and AIDS patients without compromising the confidentiality of sensitive medical information. These changes are particularly necessary and important because of the implementation of federal health care reform.
At the same time, state law does not provide privacy protection to all types of HIV tests that are now available. SB 249 extends the confidentiality guidelines that now apply to blood tests to all types of HIV tests, including urine and saliva tests, as well as methods yet to be identified.
“This bill is critically important because, with the implementation of the Affordable Care Act, people living with HIV will be transitioning into new systems of care,” said Neil Giuliano, CEO of San Francisco AIDS Foundation. “This legislation modernizes how we protect and report health information to ensure that people won’t lose access to life-saving care and treatment as these transitions occur.”
SB 249 is co-authored by Assemblymember Mark Stone. It will be heard in policy committees in the Senate this spring.
