Arnold Schwarzenegger, Governor
State of California
Business, Transportation and Housing Agency
Department of Managed Health Care
Office of Legal Services
980 Ninth Street, Suite 500
Sacramento, CA 95814-2725
916-322-6727 – Phone
916-322-3968 – Fax
Notice of Decision on Request for Reconsideration of Determination on Petition
to Adopt Regulations
Petition by Salvatore D’Anna requesting adoption of regulations re HIPAA
Salvatore D’Anna’s request for reconsideration (Request) of the decision by the Department of
Managed Health Care (Department) regarding the petition for rulemaking action (Petition) was
received by the Department on March 25, 2008. Pursuant to the requirements of Government
Code section 11340.7, the Department provides this response to the request for reconsideration.
Inquiries concerning this decision may be directed to Emilie Alvarez, Regulations Coordinator,
Department of Managed Health Care, Office of Legal Services, by mail at: 980 9th Street, Suite
500, Sacramento, CA 95814, by telephone at: (916) 322-6727, or by e-mail at:
firstname.lastname@example.org or email@example.com.
AVAILABILITY OF PETITION
The petition for the adoption of regulations is available upon request directed to the
Department’s Contact Person.
Under authority established in the Knox-Keene Act1, including but not limited to sections 1343,
1344 and 1346, the Department of Managed Health Care (Department) may adopt, amend and
rescind regulations as necessary to carry out the provisions of the Act.
DETERMINATION ON THE REQUEST FOR RECONSIDERATION
On February 25, 2008, Salvatore D’Anna submitted a Petition requesting that the Department
initiate rulemaking action to adopt a regulation “to require disciplinary action against any health
plan that violates the Privacy Protections of [HIPAA].” The Health Insurance Portability and
Accountability Act (HIPAA) is federal law that