Cali AG Providers on Data Privacy, Anti-Implicit Bias Training

Stakeholders are urged to take proactive steps to protect patient data, provide perinatal staff with anti-implicit bias training.

California Attorney General Rob Bonta is reminding healthcare providers of their obligations to protect patient data and to provide anti-implicit bias training for perinatal care staff.

In a bulletin sent to the California Hospital Association, the California Medical Association, and the California Dental Association, Bonta said state law requires stakeholders to notify the California Department of Justice when the health data of more than 500 Californians has been breached.

"Entities entrusted with private and deeply personal data, like hospitals and other healthcare providers, must secure information against evolving threats," Bonta said, pointing to the recent and worrisome spate of ransomware attacks on hospitals.

Bonta urged stakeholders to take proactive steps to protect patient data, including:

• Keeping operating systems and software housing health data updated with the latest security patches;
   
• Installing and maintaining virus protection software;
   
• Providing data security training for staff that includes education on avoiding suspicious web links and phishing;
   
• Restricting users from downloading, installing, and running unapproved software;
   
• Maintaining a data backup and recovery plan for all critical information. . 

"I implore all entities that house confidential health-related information to be vigilant and take steps now to protect patient data, before a potential cyberattack," Bonta said.

Anti-Implicit Bias Training

Bonta also reminded the 191 perinatal healthcare venues in California of their obligation to provide perinatal staff with anti-implicit bias training.

"Implicit bias is present in all aspects of life, but when it comes to healthcare, it can be the difference between life and death," Bonta said. “In California, Black women account for 21% of total pregnancy-related deaths, but only 5% of all pregnancies. The number of deaths is even more concerning when we account for the fact that the majority are preventable."

The California Dignity in Pregnancy and Childbirth Act, which took effect in 2020, mandates ongoing training for perinatal healthcare staff to make them aware of potential biases.

"Implicit bias is unconscious, but training has been shown to help providers become aware of their biases and work to intentionally minimize their effects when working with patients," Bonta said.

The AG has asked perinatal care providers to submit by mid-September data that includes:

• Dates of any implicit bias trainings providers have completed;
   
• Dates of implicit bias trainings planned for the future;
   
• Lists of attendees at each training;
   
• Copies of all written training materials used;
   
• A list of the perinatal healthcare workers at the facility who have yet to participate in any training; and
   
• A description of efforts to reduce implicit bias among the facility’s perinatal healthcare providers.