SCR48 SD1

WHEREAS, the Hawaii Disabilities Rights Center is the designated agency under section 333F-8.5, Hawaii Revised Statutes, to provide advocacy services to persons with developmental disabilities and mental illness; and

WHEREAS, a designation of an agency such as the Hawaii Disabilities Rights Center is a prerequisite for the State to receive federal funds; and

WHEREAS, Congress created a nationwide protection and advocacy system for individuals with developmental disabilities under the Developmental Disabilities Assistance and Bill of Rights Act, as amended, to aid individuals with developmental disabilities and their families so that they may gain access to appropriate support and services; and

WHEREAS, the Hawaii Disabilities Rights Center has access to records of any individual with a disability, to the extent required by federal law and as further provided in section 333F‑8.5, Hawaii Revised Statutes; and

WHEREAS, there are also federal and state statutes, such as the Health Insurance Portability and Accountability Act, which were enacted to protect the privacy of patient records; and

WHEREAS, providers of services to individuals with disabilities may be uncertain as to their obligation to disclose patient records to an entity such as the Hawaii Disability Rights Center; and

WHEREAS, one example of this is the current litigation pending in the United States District Court for the District of Hawaii between the Hawaii Disability Rights Center and the Opportunities for the Retarded, Inc.; and

WHEREAS, litigation between two nonprofit entities dedicated to serving the needs of individuals with disabilities is unfortunate and represents a loss of resources that could be better spent on further their missions; and

WHEREAS, the Legislature has not been presented with a legal opinion that would clarify the relationship between the laws mandating access to the records of an individual to a protection and advocacy agency and the laws protecting the privacy of that individual; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the House of Representatives concurring, that the parties to the litigation between the Hawaii Disability Rights Center and Opportunities for the Retarded, Inc. are urged to amicably settle the pending litigation; and

BE IT FURTHER RESOLVED that the Hawaii Disability Rights Center is requested to submit a report to the Legislature no later than twenty days prior to the convening of the Regular Session of 2008; and

BE IT FURTHER RESOLVED that the Hawaii Disability Rights Center's report should include:

(1) An outline of the federal authority that grants the Hawaii Disability Rights Center access to:

(A) Facilities serving individuals with disabilities;

(B) Individuals with disabilities; and

(2) With the concurrence of the federal Administration on Developmental Disabilities, an analysis of the inter‑relationship between the aforementioned federal authority and the laws protecting the privacy of individuals and their records; and

(3) A statement of its policies and procedures regarding the manner in which it conducts investigations of allegations of abuse or neglect of an individual with a disability, including how, when, and under what circumstances, the investigations are undertaken; and

BE IT FURTHER RESOLVED that the Hawaii Disability Rights Center is requested to submit a copy of the report to the Attorney General, as well, no later than twenty days prior to the convening of the Regular Session of 2008, so that the Attorney General can offer comments to the Legislature; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the Hawaii Disabilities Rights Center, the President of Opportunities for the Retarded, Inc., and the Attorney General.

Report Title:

Hawaii Disabilities Rights Center

THE SENATE	S.C.R. NO.	48
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII