REPORT TITLE:
Medical Records; Evidence


DESCRIPTION:
Makes certain medical, dental, and hospital records and writing
admissible in certain civil trials without requiring testimony by
keeper of the records.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2207
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO MEDICAL, DENTAL, OR HOSPITAL RECORDS AND WRITINGS.



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

 1      SECTION 1.  The purpose of this Act is to allow certain
 
 2 medical, dental, and hospital records and writings to be
 
 3 admissible in certain civil trials without presenting certain
 
 4 testimony and to provide conditions and procedures for the
 
 5 offering of the evidence into a trial.
 
 6      SECTION 2.  Chapter 622, Hawaii Revised Statutes, is amended
 
 7 by adding a new section to part V to be appropriately designated
 
 8 and to read as follows:
 
 9      "§622-    Admissibility of medical records in trial.  (a)
 
10 Medical records, as defined in subsection (b), may be offered
 
11 into evidence in a trial, without the support of testimony from a
 
12 physician, dentist, or hospital employee to authenticate the
 
13 record or to prove custody of the record, in accordance with the
 
14 following procedures:
 
15      (1)  The party offering the evidence shall file a notice in
 
16           the court and serve the notice to all parties not less
 
17           than sixty days before commencement of the trial of the
 
18           party's intent to introduce the evidence, along with a
 
19           copy of the writing or record, if the writing or record
 

 
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 1           is otherwise admissible into evidence by law or by
 
 2           court rule; and
 
 3      (2)  A party who is served the notice under paragraph (1)
 
 4           and who intends to offer evidence of medical records
 
 5           into the trial shall file a notice in court and serve
 
 6           the notice to all other parties not less than thirty
 
 7           days before commencement of the trial of the party's
 
 8           intention to introduce the evidence, along with a copy
 
 9           of the writing or record, if the writing or record is
 
10           otherwise admissible into evidence by law or by court
 
11           rule.
 
12      (b)  For purposes of this section, medical records include:
 
13      (1)  Medical, dental, or hospital writing or record made to
 
14           document a medical or dental condition, a physician's
 
15           medical opinion, a dentist's dental opinion, in
 
16           connection with the provision of medical or dental
 
17           treatment to a patient, which is offered to prove the
 
18           existence of a medical or dental condition, as
 
19           applicable, the fact of providing the treatment, or an
 
20           opinion of the necessity of the treatment; and
 
21      (2)  A written statement or bill for medical, dental, or
 
22           hospital expenses which is offered to prove the amount,
 
23           appropriateness, or reasonableness of the charges for
 

 
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 1           services.
 
 2      (c)  This section applies to claims involving:
 
 3      (1)  Damages for personal injury;
 
 4      (2)  Medical, hospital, or disability benefits;
 
 5      (3)  First party claims under chapter 431:10C; and
 
 6      (4)  First party claims for health insurance benefits.
 
 7      (d)  This section does not affect:
 
 8      (1)  A request for a summons to compel the attendance of a
 
 9           witness;
 
10      (2)  Examination of a witness at a trial; or
 
11      (3)  Conducting discovery in accordance with law or court
 
12           rule."
 
13      SECTION 3.  New statutory material is underscored.
 
14      SECTION 4.  This Act shall take effect on January 1, 2001.
 
15 
 
16                           INTRODUCED BY:  _______________________