Report Title:
Mental Health Care; Disclosure of Information
Description:
Authorizes the disclosure of mental health certificates, applications, records, and reports made by a person's health care provider to another health care provider for the purpose of continued care, treatment, health care operations, or monitoring activities. (HB2173 HD2)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2173 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 334-5, Hawaii Revised Statutes, is amended to read as follows:
"§334-5 Confidentiality of records. All certificates, applications, records, and reports made for the purposes of this chapter and directly or indirectly identifying a person subject hereto shall be kept confidential and shall not be disclosed by any person except so far as:
(1) [as
the] The person identified, or the person's legal guardian,
consents[, or];
(2) [as
disclosure] Disclosure may be deemed necessary by the director of
health or by the administrator of a private psychiatric or special treatment
facility to carry out this chapter[, or];
(3) [as
a] A court may direct upon its determination that disclosure is
necessary for the conduct of proceedings before it and that failure to make the
disclosure would be contrary to the public interest[, or];
(4) [as
disclosure] Disclosure may be deemed necessary under the federal
Protection and Advocacy for Mentally Ill Individuals Act of 1986, Public Law
99-319, to protect and advocate the rights of persons with mental illness who
reside in facilities providing treatment or care[, or];
(5) Disclosure is made by the person's health care provider to another health care provider for the purpose of continued care, treatment of the person, health care operations, or monitoring activities; or
(6) [as
disclosure is] Disclosures are made [to] between the
person's health care [insurer] provider and payer to obtain
reimbursement for services rendered to the [person, except for records
subject to Title 42 Code of Federal Regulations Part 2, confidentiality of
alcohol and drug abuse patient records;] person; provided that
disclosure shall be made only if the provider informs the person that a reimbursement
claim will be made to the person's insurer, the person is afforded an
opportunity to pay the reimbursement claim directly, and the person does not
pay.
Nothing in this section shall preclude the application of more stringent rules of confidentiality set forth for records covered by Title 42 Code of Federal Regulations Part 2, confidentiality of alcohol and drug abuse patient records.
For the purposes of this section,
"facilities" shall include, but not be limited to[,]
hospitals, nursing homes, community facilities for mentally ill individuals,
boarding homes, and care homes.
Nothing in this section shall preclude disclosure, upon proper inquiry, of any information relating to a particular patient and not clearly adverse to the interests of the patient, to the patient, the patient's family, legal guardian, or relatives, nor, except as provided above, affect the application of any other rule or statute of confidentiality. The use of the information disclosed shall be limited to the purpose for which the information was furnished."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 1, 2050.