STAND. COM. REP. NO. 274-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2098

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Health, to which was referred H.B. No. 2098 entitled:

"A BILL FOR AN ACT RELATING TO MEDICAL RECORDS,"

begs leave to report as follows:

The purpose of this bill is to allow health care providers to release the medical records of a deceased person to their next of kin.

The Queen's Medical Center, Hawaii Psychiatric Medical Association, and Healthcare Association of Hawaii supported this bill.

Families often need, and have legitimate reason, to request access to the medical records of a deceased family member, which they are currently unable to do. This is problematic and an unintended outcome of the federal privacy rule. Your Committee finds that this measure would release health providers from liability, while preserving a health provider's right to refuse a request if the medical records of a deceased person contain references to specially protected health information such as HIV or AIDS, mental illness, or substance-abuse treatment.

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2098 and recommends that it pass Second Reading and be referred to the Committees on Consumer Protection and Commerce and Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Health,

 

____________________________

DENNIS A. ARAKAKI, Chair