Report Title:
Mental Health Records; Confidentiality; Exceptions
Description:
Provides an exception to the confidentiality of mental health records and allows disclosure if it is made by the person's healthcare provider to another health care provider for the purpose of continued care or treatment.
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THE SENATE |
S.B. NO. |
1802 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to mental 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:
(1) [as] As the person identified, or
the person's legal guardian, consents[, or];
(2) [as] As 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] As 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] As 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) As disclosure is made by the person's health care provider to another health care provider for the purpose of continued care or treatment of the person; or
(6) [as] As disclosure is made
to the person's health care insurer 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]; 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 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, part 2, Code of Federal Regulations, relating to the 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 upon its approval.
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INTRODUCED BY: |
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