New California Law Governs Protected Health Information

A new law prevents information regarding reproductive healthcare from being shared out-of-state. The State of California recently sent letters to eight major pharmacy chains as well as five health data companies, reminding the companies of their obligations to comply with California’s Confidentiality of Medical Information Act, including new requirements under Assembly Bill to provide certain additional protections, including limiting access to information related to patients’ reproductive health or gender-affirming care. AB 352 also requires these entities to enable data security features to segregate and protect health information related to abortion, contraception and gender-affirming care so that it is not readily accessible across state lines. And under AB 352’s expanded protections, reproductive health information must be better protected to maintain the privacy of Californians and those individuals traveling to California to receive abortion and other reproductive health or gender-affirming care. In the letter, the Attorney General requests the eight major pharmacy chains and five data health businesses to provide information regarding their compliance with CMIA and the new requirements of AB 352.