Report Title:
Medical Records Privacy; Restrictions; OIP Administration
Description:
Authorizes OIP to administer a new privacy of medical records law (replacing existing law), among other things: (1) twice annually publishing a notice describing an individual's rights to medical records privacy; (2) investigating complaints alleging violations of medical records privacy; (3) adopting rules; and (4) annual report to the legislature.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1157 |
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TWENTY-FIRST LEGISLATURE, 2001 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PRIVACY OF MEDICAL RECORDS INFORMATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 323C, Hawaii Revised Statutes, is repealed.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"CHAPTER
PRIVACY OF MEDICAL RECORDS
§ -1 Notice. (a) The office of information practices shall post on its website and publish statewide twice a year, the notice set out in subsection (b). The notice shall be printed in clear type for the purpose of informing each individual about the individual’s rights under this chapter.
(b) The notice shall contain the following language:
"IMPORTANT: THIS NOTICE DEALS WITH VIOLATIONS OF
CHAPTER WHICH ESTABLISHES RESTRICTIONS ON THE SHARING OF
INFORMATION FROM YOUR MEDICAL RECORDS. PLEASE READ THIS
CAREFULLY.
In 2000, the Hawaii state legislature adopted a law to establish restrictions on the sharing of medical information of Hawaii’s citizens.
As explained in more detail in chapter , Hawaii Revised Statutes, certain activities are prohibited by this law. Specifically, no person shall knowingly or intentionally use or disclose information from an individual’s medical record that identifies that individual by name, without the individual’s consent, for the following purposes:
(1) Marketing of products or services to the individual, either directly or indirectly, unless at the request of the individual; or
(2) Disclosing or using personal medical information in order to defame or intentionally inflict emotional distress upon the individual who is the subject of the information.
Penalties assessable for violations of this chapter range from $5,000 to $100,000. If you have any questions about this notice or about Hawaii’s medical records privacy law, contact the office of information practices at (phone number); neighbor islands, call 1-800-(phone number)."
§ -2 General rules regarding use and disclosure. No person shall knowingly or intentionally use or disclose information from an individual’s medical record that identifies that individual by name or by other means that identify the individual without the individual’s consent, for the following purposes:
(1) Marketing of products or services to the individual, either directly or indirectly, unless at the request of the individual; or
(2) Releasing personal medical information for the purpose of defaming the individual or to intentionally inflict emotional distress upon the individual.
§ -3 Duties and responsibilities of the office of information practices. (a) The office of information practices shall investigate complaints alleging violations of this chapter.
(1) Complaints shall be signed and in writing;
(2) Complaints shall be filed within one hundred eighty days of the time the act alleged to be in violation of this chapter occurred;
(3) The office of information practices shall order the assessment of penalties as outlined in section -4;
(4) Complainants shall be notified of the results of the investigation within a reasonable period of time; and
(5) The office of information practices may take any appropriate action to resolve complaints as may be necessary to appropriately remedy and deter the unlawful use or disclosure of medical records information in the public interest. These actions may include, but are not limited to, letters of warning, alternative dispute resolution, sanctions or penalties, and referrals to another agency.
(b) The office of information practices shall provide information and training to promote awareness of and to encourage compliance with this chapter.
(c) The office of information practices shall adopt rules under chapter 91 to administer this chapter.
(d) The office of information practices shall submit an annual report to the legislature on its activities with regard to this chapter.
§ -4 Penalties. (a) For any violation of this chapter, payment of a civil penalty of not more than $5,000 for each and every act in violation but not to exceed $50,000 in the aggregate for multiple violations.
(b) For any violation of section -2(b), payment of a civil penalty of not more than $100,000 for each and every act in violation."
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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