Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Commerce, Consumer Protection, and Housing and Judiciary and Hawaiian Affairs, to which was referred S.B. No. 608 entitled:

beg leave to report as follows:

The purpose of this measure is to require any physician, surgeon, hospital, or clinic that treats an individual who was involved in a motor vehicle collision that resulted in a serious injury or death to report pertinent information to the police.

Testimony in support of this measure was submitted by the Department of the Prosecuting Attorney, the Honolulu Police Department, and the Queen's Medical Center.

Your Committees find that under section 453-14, Hawaii Revised Statutes, physicians and health care facilities are required to report certain injuries or wounds to the police. However, the current law does not specifically require a physician or health care facility to report information regarding motor vehicle accidents that result in serious injury or death without obtaining consent from a patient. Your Committees further find that under the Health Insurance Portability and Accountability Act (HIPAA), the release of certain medical information is prohibited. However, under HIPAA, exemptions do exist for legitimate law enforcement purposes, but they must be specifically enumerated in state law. Therefore, your Committees determine that passage of this measure is necessary in order to aid the police in obtaining information that is essential to the investigation and prosecution of motor vehicle related injuries and homicides.

As affirmed by the records of votes of the members of your Committees on Commerce, Consumer Protection, and Housing and Judiciary and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 608 and recommend that it pass Third Reading.