California Government Code 100503.9 – (a) (1) Beginning no later than September 1, 2023, and at …
(a) (1) Beginning no later than September 1, 2023, and at least monthly thereafter, subject to the restrictions in paragraph (5) of subdivision (b), the Exchange shall request from the Employment Development Department the following information of each new applicant for unemployment compensation, state disability, and paid family leave:
(A) Last name.
Terms Used In California Government Code 100503.9
- City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
- State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
(B) First name.
(C) Middle initial.
(D) Social security number.
(E) Date of birth.
(F) Race or ethnicity, to the extent available.
(G) Preferred language.
(H) Gender.
(I) All mailing addresses, including city, state, and ZIP Code.
(J) All telephone numbers, including home, work, and cellular.
(K) Email address, to the extent available.
(L) Date of most recent job loss, to the extent available.
(M) Wages or prior wages.
(N) The Employment Development Department program for which the applicant filed.
(O) Date the claim was filed.
(P) Claimant eligibility status.
(Q) Date initial payment was approved by the Employment Development Department.
(R) The weekly benefit amount.
(S) The benefit period start date.
(T) The benefit period end date.
(2) The Employment Development Department shall provide the information pursuant to paragraph (1) in a manner prescribed by the Exchange.
(3) The Employment Development Department may provide the information pursuant to paragraph (1) more frequently than monthly during periods of high unemployment.
(b) (1) Consistent with subdivision (k) of Section 100503, the Exchange shall market and publicize the availability of health care coverage through the Exchange, and shall engage in outreach activities, to the individuals whose information the Exchange receives pursuant to subdivision (a).
(2) The Exchange may use any contact method that is intended to reach the person at their residence or other personal contact channel to communicate with and inform an individual whose information the Exchange receives pursuant to subdivision (a) of available health care coverage options through the exchange and to assist those individuals in obtaining health care coverage.
(3) (A) The Exchange may disclose information obtained from the Employment Development Department to outreach and marketing vendors under contract to the Exchange.
(B) The Exchange shall not disclose information obtained from the Employment Development Department to a certified insurance agent, a certified enrollment counselor, or any other entity without the consent of the applicant, except as provided in subparagraph (A).
(4) Any outreach and marketing conducted pursuant to this section shall include, in a conspicuous and easy to access manner, the ability for individuals to decline all future outreach and marketing.
(5) The Exchange shall take all necessary measures to safeguard the confidentiality of any information obtained from the Employment Development Department and shall at no time use or disclose that information for any purpose other than to market and publicize the availability of health care coverage through the Exchange to individuals whose information the Exchange receives pursuant to paragraph (1) of subdivision (a). The Exchange shall at all times only request from the Employment Development Department, use, or disclose the minimum amount of information necessary to accomplish the purposes for which it was obtained.
(6) A person or entity that receives information from the Exchange pursuant to this section shall take all necessary measures to safeguard the confidentiality of any information obtained from the Exchange and shall at no time use or disclose that information for any purpose other than to market and publicize the availability of health care coverage through the Exchange to individuals, as directed by the Exchange. A person or entity shall at all times only request from the Exchange, use, or disclose the minimum amount of information necessary to accomplish the purposes for which it was received.
(7) Information received by the Exchange from the Employment Development Department shall both:
(A) At all times be subject to applicable privacy and information security-related requirements arising under both federal and state law.
(B) Be destroyed in a manner that maintains confidentiality.
(8) The Exchange shall ensure that information disclosed to outreach and marketing vendors or any other entity pursuant to this section shall comply with paragraph (7).
(Amended by Stats. 2023, Ch. 492, Sec. 1. (SB 595) Effective January 1, 2024.)