THE SENATE	S.B. NO.	785
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to health.

 

 

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

 

     SECTION 1.  The legislature finds that following the passage of the federal Health Insurance Portability and Accountability Act of 1996, the United States Department of Health and Human Services established national standards for the protection of certain individually identifiable health information, also known as the privacy rule.  The privacy rule guarantees patients' rights to access and obtain copies of their medical records.

     The legislature further finds that individuals having responsibility for decisions respecting their own health care possess a concomitant right of access to complete information respecting their condition and care provided.  Allowing patients access to their medical records will educate patients about their medical conditions and possible treatments and will ensure that records are available to new care providers when patients relocate or change doctors, or when a health care provider no longer provides services.

     Currently, obtaining a copy of medical records can be a long and expensive process for patients.  For example, after a medical facility declares bankruptcy, there are often extensive time delays and costs involved for the bankrupt medical facility's patients to obtain their own medical records.

     The purpose of this Act is to enable patients and former patients to obtain copies of their own medical records free of charge from a medical facility that has filed for bankruptcy.

     SECTION 2.  Chapter 323, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§323‑    Access to medical records; bankruptcy.  (a)  Before a medical facility files for bankruptcy, the medical facility shall inform every patient or former patient by written notice that the patient or former patient is entitled to a copy of the patient's or former patient's own medical records at no charge.  Upon receiving a written request from the patient or former patient, the medical facility shall provide a paper or electronic copy of the medical records to the patient or former patient within thirty working days from the date of the request or within sixty working days if the record is stored off-site.

     (b)  A violation of this section may be grounds for disciplinary action against a provider by the appropriate licensing authority.

     (c)  For the purposes of this section, unless the context clearly indicates otherwise:

     "Medical facility" shall have the same meaning as in section 622-51.

     "Medical records" shall have the same meaning as in section 622-51."

     SECTION 3.  Section 622-57, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

     "(g)  [Reasonable] Except as provided in section 323-  , reasonable costs incurred by a health care provider in making copies of medical records shall be borne by the requesting person."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Medical Records; Medical Facilities; Bankruptcy

 

Description:

Requires medical facilities filing for bankruptcy to inform every patient or former patient by written notice prior to filing for bankruptcy that the patient or former patient is entitled to a copy of the patient's or former patient's own medical records at no charge.  Requires the medical facilities to provide a paper or electronic copy of the medical records to the patient or former patient upon request.

 

 

 

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