Bill Text: HI SB1471 | 2024 | Regular Session | Introduced
Bill Title: Relating To Privacy.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [SB1471 Detail]
Download: Hawaii-2024-SB1471-Introduced.html
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THE SENATE |
S.B. NO. |
1471 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to Privacy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§321- Disclosure
of individually identifiable health information of newborn children;
prohibition. (a) Notwithstanding any other law to the
contrary, it shall be unlawful for the department or any person who receives individually
identifiable health information of a newborn child obtained through a newborn
screening test performed pursuant to section 321-291, including:
(1) Any laboratory designated by
the department to perform newborn screening tests;
(2) Any person designated by the department
or laboratory in paragraph (1) to provide consultation regarding interpretation
of test results, guidelines for care, treatment, and follow-up of infants with
positive newborn screening test results;
(3) Any hospital required to keep record of
newborn screening test results; and
(4) Any physicians caring for the newborn child;
to disclose
to any person other than the newborn child's parents, guardian, or other
persons having custody or control of the newborn child, any individually
identifiable health information of a newborn child, including disclosure to a law
enforcement officer or any agent of a law enforcement officer, regardless of
whether the law enforcement officer or the agent presents a court order,
subpoena, or any other document issued by a governmental agency requiring the
disclosure of the newborn child's individually identifiable health information.
(b) Any information obtained by a law enforcement
officer or an agent of a law enforcement officer in violation of subsection (a)
shall be deemed evidence acquired by unlawful means.
(c) As used in this section, unless the context
clearly requires otherwise:
"Disclosure"
means the release, transfer, provision of access to, or divulging in any manner
of information outside the entity holding the information.
"Governmental
agency" means the judiciary and each department, division, board,
commission, public corporation, officer, or
any other agency or instrumentality of the State or any of its political
subdivisions.
"Health
information" means any information, including genetic information, whether
oral or recorded in any form or medium, that relates to:
(1) The past, present, or future
physical or mental health or condition of a newborn child;
(2) The provision of health care to a
newborn child; or
(3) The past, present, or future payment
for the provision of health care to a newborn child.
"Individually
identifiable health information" means information that is a subset of
health information, including demographic information collected from a newborn
child, and relates
to:
(1) The past, present, or future
physical or mental health or condition of the newborn child;
(2) The provision of health care the
newborn child; or
(3) The past, present, or future payment
for the provision of health care to the newborn child; and
that
either identifies the newborn child or with respect to which there is a
reasonable basis to believe the information can be used to identify the newborn
child.
"Law
enforcement officer" means a sheriff or deputy sheriff, a police officer,
a special agent of the department of the attorney general, and any other public
servant, whether employed by the United States, State, or county, vested by law
with a duty to maintain public order, make arrests for offenses, or enforce
criminal laws, whether that duty extends to all offenses or is limited to a
specific class of offenses.
"Person"
means an individual, firm, partnership, company, corporation, association,
cooperative, or other form of business or legal entity, governmental body, or
agency, board, bureau, or other instrumentality thereof, or any combination of
two or more of the foregoing.
"Person" includes "covered entities" and
"business associates" as defined in section 323B-2."
SECTION 2. Section 323B-3, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
"[[]§323B-3[]] Privacy of individually identifiable health
information. (a) [Notwithstanding] Except as
prohibited by section 321- , and notwithstanding any other
law to the contrary, any use or disclosure of individually identifiable health
information by any covered entity or business associate that is permitted by 45
Code of Federal Regulations part 164, subpart E, shall be deemed to comply with
all state laws relating to the use, disclosure, or confidentiality of [such]
the information."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Privacy; Individually Identifiable Health Information; Newborn Child; Genetic and Metabolic Screening; Disclosure; Prohibition; Law Enforcement Officers
Description:
Prohibits
the Department of Health or any recipient of individually identifiable health
information of a newborn child obtained through genetic and metabolic screening
tests required by law to disclose to any person other than the newborn child's
parents, guardian, or other persons having custody or control of the newborn
child, any individually identifiable health information of a newborn child,
including disclosure to a law enforcement officer. Establishes that any information obtained by
a law enforcement officer in violation of this prohibition shall be deemed evidence
acquired by unlawful means.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
