HOUSE OF REPRESENTATIVES

H.B. NO.

1111

TWENTY-EIGHTH LEGISLATURE, 2015

H.D. 2

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO RECORDS OF THE HAWAII HEALTH SYSTEMS CORPORATION.

 

 

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

 


     SECTION 1.  Section 323F-6, Hawaii Revised Statutes, is amended to read as follows:

     "§323F-6  Records.  (a)  The corporation and each regional system board shall be subject to the requirements of chapter 92F, except that the following categories of government records shall not be required to be disclosed:

     (1)  Applications for credentials or staff privileges at any of the corporation's medical facilities, records from peer review proceedings, and medical records; and

     (2)  Marketing strategies, strategic plans, evaluations, assessments, negotiations, or rates and charges, the disclosure of which would raise the cost of procurement or give a manifestly unfair advantage to any competitor or to any person or entity seeking to do business or proposing to enter into an agreement with a regional system board, the corporation, or any of its facilities.

     Any person denied access to any such government records shall have available the remedies specified in sections 92F-15 and 92F-15.5.  Government records protected from disclosure by this section shall be subject to the interagency disclosure provisions of section 92F-19.  Section 624-25.5 shall apply to this part notwithstanding anything to the contrary contained in this section.

     (b)  The corporation shall have the authority to set rates for copies of records protected by this section from the disclosure requirements of chapter 92F.  For medical records subpoenaed from any of the corporation's regional system facilities, copies shall be paid for by the requester in an amount based on the facility's actual cost of preparation; provided that the amount shall be no less than $1 per page and no more than $2 per page."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.



 

Report Title:

Hawaii Health Systems Corporation; Copies of Records; Fees

 

Description:

Authorizes the Hawaii Health Systems Corporation to set rates for copies of records that are protected from the disclosure requirements of Chapter 92F, Hawaii Revised Statutes.  Establishes minimum and maximum rates for copies of medical records and requires the amount to be based on the actual cost of preparation.  Takes effect 7/1/2050.  (SD1)

 

 

 

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