REPORT Title:
Special Purpose Revenue Bonds; Health Care Facilities
Description:
Extends the issuance deadline for special purpose revenue bonds for the Honolulu Neighborhood Housing Services. Makes various amendments to the statute on the availability of medical records to comply with the federal Health Insurance Portability and Accountability Act. (SB1068 HD1)
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THE SENATE |
S.B. NO. |
1068 |
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TWENTY-SECOND LEGISLATURE, 2003 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO HEALTH CARE FACILITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 622-57, Hawaii Revised Statutes, is amended to read as follows:
"§622-57 Availability of medical records. (a) If a patient of a health care provider as defined in section 671-1, requests copies of [his or her] the patient's medical records, the copies shall be made available to the patient unless, in the opinion of the health care provider, it would be detrimental to the health of the patient to obtain the records. If the health care provider is of the opinion that release of the records to the patient would be detrimental to the health of the patient, the health care provider shall advise the patient that copies of the records will be made available to the patient's attorney upon presentation of a proper authorization signed by the patient.
(b) If an attorney for a patient asks a health care provider for copies of the patient's medical records and presents a proper authorization from the patient for the release of the information, complete and accurate copies of the records shall be given to the attorney within a reasonable time not to exceed ten working days.
(c) If a patient's next of kin asks a health care provider for copies of the patient's medical records, complete and accurate copies of the records shall be given to the patient's next of kin requesting the records within a reasonable time not to exceed ten working days; provided that the patient or the patient's authorized attorney is unable to authorize release of the records to the patient's next of kin.
A health care provider may refuse to release the patient's medical records to the patient's next of kin if the health care provider determines that it would not be in the best interest of the patient to do so. In making this decision, the health care provider shall consider any indicators, suspicion, or substantiation of abuse.
For purposes of this subsection, a "patient's next of kin" means:
(1) The spouse of the patient;
(2) A reciprocal beneficiary of the patient;
(3) A parent of the patient;
(4) An adult who is a child, grandchild, or sibling of the patient, related by blood or adoption;
(5) An adult who is an aunt, uncle, niece, or nephew of the patient, related by blood or adoption;
(6) An adult related to the patient, by blood or adoption, who is familiar with the patient's personal values; and
(7) An adult who has exhibited special concern for the patient and who is familiar with the patient's personal values.
(d) Reasonable costs incurred by a health care provider in making copies of medical records shall be borne by the requesting person."
SECTION 2. Act 296, Session Laws of Hawaii 1999, is amended by amending section 6 to read as follows:
"SECTION 6. The authorization to issue special purpose revenue bonds under this Act shall lapse on [the later of] June 30, [2003, or the sunset date of section 39A-52, Hawaii Revised Statutes.] 2008."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on June 29, 2003.