Cal. Health & Safety Code § 130202

Center for Data Insights and Innovation

Redline — January 1, 2011 → current.View current text →

Current — January 1, 2021

As of January 1, 2011

(a) (1) Upon receipt of a referral from the State Department of Public Health, the office may assess an administrative fine against any person or any provider of health care, whether licensed or unlicensed, for any violation of this division in an amount as provided in Section 56.36 of the Civil Code. Proceedings against any person or entity for a violation of this section shall be held in accordance with administrative adjudication provisions of Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(2) Paragraph (1) shall not apply to a clinic, health facility, agency, or hospice licensed pursuant to Section 1204, 1250, 1725, or 1745 if Senate Bill 541 of the 2007–08 Regular Session is enacted and becomes effective on or before January 1, 2009.

(3) Nothing in paragraph (1) shall be construed as authorizing the office to assess the administrative penalties described in Section 1280.15 of the Health and Safety Code.

(b) The office shall adopt, amend, or repeal, in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, such rules and regulations as may be reasonable and proper to carry out the purposes and intent of this division, and to enable the authority to exercise the powers and perform the duties conferred upon it by this division not inconsistent with any other provision of law.

(c) Paragraph (3) of subdivision (a) shall only become operative if Senate Bill 541 of the 2007–08 Regular Session is enacted and becomes effective on or before January 1, 2009.

For the purposes of this division, the following definitions apply:

(a) “Bona fide research” has the same meaning as subdivision (f) of Section 820 of Title 11 of the California Code of Regulations.

(b) “Center” means the Center for Data Insights and Innovation.

(d) “CHHS Open Data Portal” means the California Health and Human Services Agency Open Data Portal.

(e) “Director” means the Director of the Center for Data Insights and Innovation.

(f) “HIPAA” means the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).

(g) “Research Data Hub” means the California Health and Human Services Agency Research Data Hub or future iterations and names of that product.

(h) “State entities” means all state departments, agencies, boards, commissions, programs, and other organizational units of the executive branch of state government.

(i) “Qualified researcher” means state entities, clinical investigators, including investigators conducting epidemiologic studies, health care research organizations, and accredited public or private nonprofit educational or health care institutions for bona fide research purposes.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.