CONFERENCE COMMITTEE REPORT NO.65

                            Honolulu, Hawaii
                                            , 2000

                            RE:   S.B. No. 2254
                                  S.D. 1
                                  H.D. 2
                                  C.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
Senate to the amendments proposed by the House of Representatives
in S.B. No. 2254, S.D. 1, H.D. 2, entitled:  

     "A BILL FOR AN ACT RELATING TO PRIVACY OF HEALTH CARE
     INFORMATION," 

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this measure is to require the use of an
encrypted or encoded identification for individuals and entities
using nonidentifiable health information. 

     This measure strengthens the confidentiality of patient
records by restricting access to those persons and entities who
have encrypted or encoded identification.

     Your Committee on Conference has amended this measure by:


 
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     (1)  Deleting the amendments to section 323C-1, Hawaii
          Revised Statutes, and the encoding provisions;

     (2)  Clarifying the definition of "Nonidentifiable health
          information" to preserve the identity of the subjects
          of the information;

     (3)  Deleting the restriction of disclosure of protected
          health information to within an entity for purposes of
          treatment or qualified health care operations;

     (4)  Clarifying that research not subjected by federal
          regulation to institutional board review is subject
          only to the requirements of section 323C-37, Hawaii
          Revised Statutes, relating to health research approval;

     (5)  Prohibiting a health researcher from disclosure or use
          of unique patient identifiers for any purposes not
          reviewed by an institutional review board;

     (6)  Establishing a Medical Privacy Task Force; and

     (7)  Deleting reference to criminal and civil liability.

     This measure, as amended, will facilitate legitimate health
research in this State and legitimate exchange of other health
care data for the purpose of qualified health care operations.

     The patient records confidentiality task force will address
unresolved issues that remain regarding the possible impact of
this amended measure on the disclosure or use of consumer
volunteered health data, on health research, and on other aspects
of compliance with chapter 323C, Hawaii Revised Statutes.  The
Medical Privacy Task Force will recommend solutions to any
unresolved compliance issues.

     The intent of the Committee on Conference is that any
medical research projects currently in progress will not be
impacted by this amended measure.

     As affirmed by the record of votes of the managers of your
Committee on Conference that is attached to this report, your
Committee on Conference is in accord with the intent and purpose
of S.B. No. 2254, S.D. 1, H.D. 2, as amended herein, and
recommends that it pass Final Reading in the form attached hereto
as S.B. No. 2254, S.D. 1, H.D. 2, C.D. 1.


 
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                                   Respectfully submitted on
                                   behalf of the managers:

  ON THE PART OF THE HOUSE           ON THE PART OF THE SENATE




_____________________________     _______________________________
Rep. ALEX SANTIAGO                Sen. SUZANNE CHUN OAKLAND
Co-Chair                          Co-Chair



_____________________________     _______________________________
Rep. RON MENOR                    Sen. AVERY B. CHUMBLEY
Co-Chair                          Co-Chair



_____________________________
Rep. SCOTT K. SAIKI
Co-Chair

 
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