Bill Text: HI SB2869 | 2014 | Regular Session | Amended
Bill Title: Privacy of Health Care Information; Health Insurance Portability and Accountability Act of 1996
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-07-08 - Act 214, 7/7/2014 (Gov. Msg. No. 1324). [SB2869 Detail]
Download: Hawaii-2014-SB2869-Amended.html
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THE SENATE |
S.B. NO. |
2869 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO PRIVACY OF HEALTH CARE INFORMATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in 2012, when the Health Care Privacy Harmonization Act, chapter 323B, Hawaii Revised Statutes, was enacted, the legislature noted that Hawaii has over fifty different laws and rules that govern health care privacy. Those laws include section 333E-6, Hawaii Revised Statutes, relating to the privacy of developmental disabilities records, and section 334-5, Hawaii Revised Statutes, relating to the privacy of mental health records. These laws were passed prior to the enactment of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The Health Care Privacy Harmonization Act enabled HIPAA-covered entities to be deemed compliant with all state privacy laws if they are compliant with the HIPAA privacy rules. However, entities that are not considered HIPAA-covered entities remain subject to these two specific statutes. These two statutes do not have most of the necessary exceptions that are included in HIPAA, including the ability to share information for the purposes of treatment, payment, or health care operations without written consent from the patient.
The purpose of this Act is to repeal language in these two overly limiting confidentiality statutes and replace it with the requirements of the HIPAA privacy rule, and to make those sections applicable to all entities that hold developmental disabilities records and mental health records, whether or not they are considered HIPAA-covered entities.
SECTION 2. Chapter 333F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§333F- Confidentiality of records. (a) All certificates, applications, records, and reports made for the purposes of this chapter that are maintained, used, or disclosed by health care providers as defined in chapter 334, health plans as defined in title 45 Code of Federal Regulations section 160.103, and health care clearinghouses as defined in title 45 Code of Federal Regulations section 160.103, and directly or indirectly identifying a person who receives services because of a developmental disability shall be kept confidential and shall not be disclosed by any person except as allowed by title 45 Code of Federal Regulations part 164, subpart E.
(b) Nothing in this section shall preclude the application of more restrictive rules of confidentiality set forth for records covered by title 42 Code of Federal Regulations part 2, relating to the confidentiality of alcohol and drug abuse patient records, or disclosure deemed necessary under the federal Developmental Disabilities Act of 1984, P.L. 98-527, to protect and advocate for the rights of persons with developmental disabilities who reside in facilities for persons with developmental disabilities."
SECTION 3. Section 333E-6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§333E-6[]]
Confidentiality of records. (a)
All certificates, applications, records, and reports made for the purposes of
this chapter [and directly or indirectly identifying a person subject hereto
shall be kept confidential and shall not be disclosed to any other person
except so far (1) as the person identified, or the person's legal guardian,
consents, or (2) as disclosure may be deemed necessary by the director of
health to carry out this chapter, or (3) as disclosure may be deemed necessary
under the federal Developmental Disabilities Act of 1984, Public Law 98-527, to
protect and advocate the rights of persons with developmental disabilities who
reside in facilities for persons with developmental disabilities, or (4) as
disclosure may be deemed necessary by the family court for any case pending
before a court.] that are maintained, used, or disclosed by health care
providers as defined in chapter 334, health plans as defined in title 45 Code
of Federal Regulations section 160.103, and health care clearinghouses as
defined in title 45 Code of Federal Regulations section 160.103, and directly
or indirectly identifying a person who receives services because of a
developmental disability shall be kept confidential and shall not be disclosed
by any person except as allowed by title 45 Code of
Federal Regulations part 164, subpart E.
(b) Nothing in this section shall preclude the application of more restrictive rules of confidentiality set forth for records covered by title 42 Code of Federal Regulations part 2, relating to the confidentiality of alcohol and drug abuse patient records, or disclosure deemed necessary under the federal Developmental Disabilities Act of 1984, P.L. 98-527,
to protect and advocate for the rights of persons with developmental disabilities who reside in facilities for persons with developmental disabilities."
SECTION 4. Section 334-5, Hawaii Revised Statutes, is amended to read as follows:
"§334-5
Confidentiality of records. All certificates, applications, records,
and reports made for the purposes of this chapter that are maintained, used,
or disclosed by health care providers as defined in this chapter, health plans
as defined in title 45 Code of Federal Regulations section 160.103, and health
care clearinghouses as defined in title 45 Code of Federal Regulations section
160.103, and directly or indirectly identifying a person subject hereto
shall be kept confidential and shall not be disclosed by any person except [so
far as:
(1) The person
identified, or the person's legal guardian, consents;
(2) Disclosure may be
deemed necessary by the director of health or by the administrator of a private
psychiatric or special treatment facility to carry out this chapter;
(3) A
court may direct upon its determination that disclosure is necessary for the
conduct of proceedings before it and that failure to make the disclosure would
be contrary to the public interest;
(4) Disclosure
may be deemed necessary under the federal Protection and Advocacy for Mentally
Ill Individuals Act of 1986, Public Law 99-319, to protect and advocate the
rights of persons with mental illness who reside in facilities providing
treatment or care;
(5) Disclosure
of a person's treatment summary from a previous five-year period from one
health care provider to another may be deemed necessary for the purpose of
continued care and treatment of the person, or for health care operations;
provided that the health care provider seeking disclosure makes reasonable efforts
to obtain advance consent from the person; or
(6) Disclosures
are made between the person's health care provider and payor to obtain
reimbursement for services rendered to the person; provided
that disclosure shall be made only if the provider informs the person that a
reimbursement claim will be made to the person's payor, the person is afforded
an opportunity to pay the reimbursement directly, and the person does not pay.]
as allowed by title 45 Code of Federal Regulations
part 164, subpart E. Nothing in this section shall preclude
the application of more restrictive rules of confidentiality set forth for
records covered by [Title] title 42[, Part 2,] Code of
Federal Regulations[,] part 2, relating to the confidentiality of
alcohol and drug abuse patient records[. For the purposes of this section,
"facilities" shall include but not be limited to hospitals, nursing
homes, community facilities for mentally ill individuals, boarding homes, and
care homes.
Nothing in this section shall preclude
disclosure, upon proper inquiry, of any information relating to a particular
patient and not clearly adverse to the interests of the patient, to the
patient, the patient's family, legal guardian, or relatives, nor, except as
provided above, affect the application of any other rule or statute of
confidentiality. The use of the information disclosed shall be limited to
the purpose for which the information was furnished.], or disclosure
deemed necessary under the federal Protection and Advocacy for Mentally Ill Individuals
Act of 1986, P.L. 99-319, to protect and advocate for the rights of persons
with mental illness who reside in facilities providing treatment or care."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Privacy of Health Care Information; Health Insurance Portability and Accountability Act of 1996
Description:
Amends the statutes to protect the privacy of developmental disability and mental health information, while allowing reasonable use and disclosure as provided by the Health Insurance Portability and Accountability Act of 1996. (SB2869 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
