Section 128766 Of Part 5. Health Data From California Health And Safety Code >> Division 107. >> Part 5.
128766
. (a) Notwithstanding Section 128765 or any other provision
of law, the office, upon request, shall disclose information
collected pursuant to subdivision (g) of Section 128735 and Sections
128736 and 128737, to any California hospital and any local health
department or local health officer in California as set forth in Part
3 (commencing with Section 101000) of Division 101. The office shall
disclose this same information to the United States Department of
Health and Human Services or any of its subsidiary agencies,
including the National Center for Health Statistics or any other unit
of the Centers for Disease Control and Prevention, the Agency for
Healthcare Research and Quality, the Centers for Medicare and
Medicaid Services, the Health Resources and Services Administration,
the Indian Health Service, Tribal Epidemiology Centers, which are
defined as public health authorities pursuant to the federal Indian
Health Care Improvement Act (25 U.S.C. Sec. 1601 et seq.), the
National Institutes of Health, or the National Cancer Institute, or
the Veterans Health Care Administration within the United States
Department of Veterans Affairs, for the purposes of conducting a
statutorily authorized activity. All disclosures made pursuant to
this section shall be consistent with the standards and limitations
applicable to the disclosure of limited data sets as provided in
Section 164.514 of Part 164 of Title 45 of the Code of Federal
Regulations, relating to the privacy of health information.
(b) Any hospital that receives information pursuant to this
section shall not disclose that information to any person or entity,
except in response to a court order, search warrant, or subpoena, or
as otherwise required or permitted by the federal medical privacy
regulations contained in Parts 160 and 164 of Title 45 of the Code of
Federal Regulations. In no case shall a hospital, contractor, or
subcontractor reidentify or attempt to reidentify any information
received pursuant to this section.
(c) No disclosure shall be made pursuant to this section if the
director of the office has determined that the disclosure would
create an unreasonable risk to patient privacy. The director shall
provide a written explanation of the determination to the requester
within 60 days.