Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committees on Commerce, Consumer Protection and Housing and Judiciary, to which was referred H.B. No. 201, H.D. 1, S.D. 1, entitled:

beg leave to report as follows:

The purpose of this measure is to repeal Act 87, Session Laws of Hawaii 1999 (preliminarily codified as chapter 323C), relating to the privacy of health care information. The bill also repeals all related acts that amend Act 87.

Your Committees received testimony in support of this measure from the Lieutenant Governor; City and County of Honolulu, Department of the Prosecuting Attorney and Police Department; Hawaii State Teachers Association; two professional medical associations; four insurance associations; a hospital; seven professional business associations; two school associations; a union; and a pharmaceutical company. A health plan/hospital and a consumer group opposed the bill. The Office of Information Practices and an insurance association offered comments.

Your Committees find that that there is little support for the effectuation of Act 87 on July 1, 2001. In fact, your Committees find overwhelming support for the repeal of Act 87 even from those who originally supported its passage. With the soon anticipated adoption of the federal regulations on medical privacy by the United States Department of Health and Human Services, covering and preempting many of the same areas of law, your Committees agree that Act 87 should be repealed.

Your Committees have amended this measure by inserting the language from Act 127 Session Laws of Hawaii 2000 into chapter 134, Hawaii Revised Statutes, which relates to the disclosure of an individual's mental health information to the chief of police for firearms permits and registration.

As affirmed by the records of votes of the members of your Committees on Commerce, Consumer Protection and Housing and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 201, H.D. 1, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 201, H.D. 1, S.D. 2.