Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred H.B. No. 201, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure, as received, is to delay the effective date of the Privacy of Health Care Information Act, Act 87, Session Laws of Hawaii 1999, to January 1, 2003. Your Committee submitted a proposed S.D. 1 to be considered at the hearing which would repeal Act 87, Session Laws of Hawaii 1999 (preliminary codified as chapter 323C), relating to the privacy of health care information and also repeals all related acts that amend Act 87.

Testimony in support of the proposed S.D. 1 was received from the Lieutenant Governor; Department of Labor and Industrial Relations; City and County of Honolulu Police Department and Department of the Prosecuting Attorney; Hawaii State Teachers Association; Hawaii Civil Rights Commission; two professional medical associations; four insurance associations; a hospital; six professional business associations; two school association; a labor union; one nonprofit organization; and a pharmaceutical company. A health plan/hospital; a consumer group; and a private citizen opposed the bill. The Office of Information Practices; Society for Human Management; an insurance association; and a private organization offered comments.

Your Committee finds that that there is little support for the effectuation of Act 87 on July 1, 2001. In fact, your Committee finds overwhelming support for the repeal of Act 87. Even with the adoption of the federal rules and regulations on medical privacy by the United States Department of Health and Human Services being postponed till April 2001, your Committee sees this as an opportunity to comment on the federal rules to share Hawaii's experience with implementing a medical privacy law.

Your Committee has amended this measure by replacing its entire contents and placing language which will repeal Act 87, Session Laws of Hawaii 1999 (preliminary codified as chapter 323C), relating to the privacy of health care information. This measure as amended also repeals all related acts that amend Act 87.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 201, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 201, H.D. 1, S.D. 1, and be referred to the Committees on Commerce, Consumer Protection and Housing and Judiciary.