THE SENATE

S.B. NO.

357

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the hawaii health inSURANCE exchange.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 435H, Hawaii Revised Statutes, is amended by adding four new section to be appropriately designated and to read as follows:

     "§435H-A  Personal information protection.  (a)  Navigators or non-navigator assistance personnel shall not intentionally communicate or otherwise make available to the general public a consumer's personal information.

     (b)  Navigators or non-navigator assistance personnel in possession of personal information of a consumer shall safeguard the records, including data, computer files, or documents, containing the personal information from misuse by third parties, and shall destroy, erase, or make unreadable the records prior to disposal.

     §435H-B  Violations; civil penalties.  (a)  Any navigator or non-navigator assistance personnel that violates section 435H-A shall be subject to civil penalties of not more than $2,500 for each violation.  The attorney general may bring an action pursuant to this section.

     (b)  In a civil action brought under this section, if the court finds a navigator or non-navigator assistance personnel has violated this chapter, the court may award compensatory damages, punitive damages, costs of the action, and reasonable attorney's fees to the injured party.

     §435H-C  Criminal penalties.  (a)  Any navigator or non-navigator assistance personnel that publishes or communicates a consumer's personal information shall be fined not more than $5,000, imprisoned not more than five years, or both.

     (b)  A person or entity that knowingly and falsely represents that the person or entity is, or holds that person or entity's self out as, a navigator or non-navigator assistance personnel shall be fined not more than $5,000, imprisoned not more than five years, or both.

     (c)  Any navigator or non-navigator assistance personnel that publishes or communicates a consumer's personal information with the intent to sell, transfer, or use the consumer's personal information for commercial advantage, personal gain, or malicious harm shall be fined not more than $25,000, imprisoned not more than ten years, or both.

     §435H-D  Cumulative penalties.  Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State."

     SECTION 2.  Section 435H-1, Hawaii Revised Statutes, is amended by adding four new definitions to be appropriately inserted and to read as follows:

     ""Disposal" has the same meaning as in section 487R-1.

     "Navigators or non-navigator assistance personnel" means entities or individuals who meet the requirements and standards for navigators and non-navigator assistance personnel specified in section 1311(i) of the Federal Act and title 45 Code of Federal Regulations part 155.

     "Personal information" has the same meaning as in section 487N-1.

     "Records" has the same meaning as in section 487N-1."

     SECTION 3.  New statutory material is underscored.


     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Hawaii Health Insurance Exchange; Navigators and Non-navigator Assistance Personnel; Personal Information; Penalties

 

Description:

Prohibits navigators and non-navigator assistance personnel associated with the Hawaii health insurance exchange from misusing the personal information of consumers.  Establishes civil and criminal penalties for violations.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.