Report Title:

Privacy of Health Care Information; Repeal and Replace

 

Description:

Repeals chapter Act 87, preliminary codified as chapter 323C, Hawaii Revised Statutes, relating to the privacy of health care information, repeals related acts, and replaces it with new provisions requiring notice of the law and enforcement by the office of information practices.

 

THE SENATE

S.B. NO.

79

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the privacy of health care information.

 

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

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

PRIVACY OF MEDICAL RECORDS

§   -1 Notice. (a) The office of information practices shall post on its website and give statewide public notice under section 1-28.5 twice a year. The notice shall be given to clearly inform each individual about the individual’s rights under this chapter.

(b) The notice shall contain the following language:

"IMPORTANT: THIS NOTICE DEALS WITH VIOLATIONS OF CHAPTER ___ WHICH ESTABLISHES RESTRICTIONS ON THE SHARING OF INFORMATION FROM YOUR MEDICAL RECORDS. PLEASE READ THIS CAREFULLY.

In 2001, the Hawaii State Legislature adopted a law to establish restrictions on the sharing of medical information of Hawaii’s citizens. As explained in more detail in chapter    , certain activities are prohibited by this law. Specifically, no person shall knowingly or intentionally use or disclose information from an individual’s medical record that identifies that individual by name, without the individual’s consent, for the following purposes:

(1) Marketing of products or services to the individual, either directly or indirectly, unless at the request of the individual; or

(2) Disclosing or using personal medical information in order to defame or intentionally inflict emotional distress upon the individual who is the subject of the information.

Penalties assessable for violations of this chapter range from $5,000 to $100,000. If you have any questions about this notice or about Hawaii’s medical records privacy law, contact the Office of Information Practices at xxx-xxxx; neighbor islands, call 1800-xxx-xxxx."

§   -2 General rules regarding use and disclosure. No person shall knowingly or intentionally use or disclose information from an individual’s medical record that identifies that individual by name or by other means that identify the individual without the individual’s consent, for the following purposes:

(1) Marketing of products or services to the individual, either directly or indirectly, unless at the request of the individual; or

(2) Releasing personal medical information for the purpose of defaming the individual or to intentionally inflict emotional distress upon the individual.

§   -3 Duties and responsibilities of the office of information practices. (a) The office of information practices shall investigate complaints alleging violations of this chapter in the following manner:

(1) Complaints shall be signed and in writing and shall be filed within one hundred eighty days of the time the act allegedly in violation of this chapter occurred;

(2) The office of information practices shall order the assessment and collection of penalties as outlined in section    -4;

(3) Complainants shall be notified of the results of the investigation within a reasonable period of time; and

(4) The office of information practices may take any appropriate action to resolve complaints that may be necessary to appropriately remedy and deter the unlawful use or disclosure of medical records information in the public interest. These actions may include, but are not limited to, letters of warning, alternative dispute resolution, sanctions or penalties, and referrals to another agency.

(b) The office of information practices shall provide information and training to promote awareness of and to encourage compliance with this chapter.

(c) The office of information practices shall adopt rules pursuant to chapter 91 to implement this chapter.

(d) The office of information practices shall submit an annual report to the legislature on its activities with regard to this chapter.

§   -4 Penalties. (a) For any violation of this chapter, there shall be assessed and paid a civil penalty of not more than $5,000 for each separate act but not to exceed $50,000 in the aggregate for multiple violations.

(b) For any violation of section    -2(2), there shall be assessed and paid a civil penalty of not more than $100,000 for each separate act in violation."

SECTION 2. Act 127, Session Laws of Hawaii 2000, is amended by repealing section 3 as follows:

["SECTION 3. Chapter 323C, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated to read as follows:

"§323C-A Disclosure for firearm permit and registration purposes. A health care provide or public health authority shall disclose health information, including protected health care information, relating to an individual's mental health history, to the appropriate county chief of police in response to a request for the information from the chief of police, provided that:

(1) The information shall be used only for the purposes of evaluating the individual's fitness to acquire or own a firearm; and

(2) The individual has signed a waiver permitting release of the health information for that purpose.""]

SECTION 3. Act 87, Session Laws of Hawaii 1999, is repealed.

SECTION 4. Act 91, Session Laws of Hawaii 2000, part II, is repealed.

SECTION 5. Act 140, Session Laws of Hawaii 2000, is repealed.

SECTION 6. Act 1, Second Special Session Laws of Hawaii 2000, is repealed.

SECTION 7. Statutory material to be repealed is bracketed and stricken.

SECTION 8. This Act shall take effect on June 30, 2000; provided that section 1 shall take effect on July 1, 2006.

INTRODUCED BY:

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