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Board approves California enhanced HIV/AIDS case reporting data‑use agreement despite indemnity concerns
Summary
Fresno County approved a data-use and disclosure agreement with the California Department of Public Health for enhanced HIV/AIDS case reporting; board members noted the county indemnifies the state in the draft and directed staff to seek indemnity language from the state while approving to avoid disrupting data exchange.
The Fresno County Board of Supervisors voted to approve and authorize the chair to execute a California Department of Public Health (CDPH) data‑use and disclosure agreement for the state’s enhanced HIV/AIDS case reporting system.
During discussion, board members and county staff raised concern that the draft agreement requires the county to indemnify the state rather than the reverse. A supervisor recalled prior negotiations that resulted in an indemnity favoring the county in a related laboratory agreement; county staff said CDPH declined to change the indemnity language in this agreement citing time constraints and the need not to disrupt the data exchange.
The board approved the agreement while directing the county administrative officer and county counsel to continue to negotiate with CDPH leadership to secure indemnification language more favorable to the county where feasible. The motion carried with no recorded opposition.
No additional budget appropriations were disclosed at the meeting. County staff indicated the agreement becomes effective upon execution by the state and that participating agencies must follow the data‑use terms in the executed agreement.
