STAND. COM. REP. NO. 493

Honolulu, Hawaii

RE:    S.B. No. 1802

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Health, to which was referred S.B. No. 1802 entitled:

"A BILL FOR AN ACT RELATING TO MENTAL HEALTH,"

begs leave to report as follows:

     The purpose of this measure is to provide an exception to the confidentiality of mental health records and to allow disclosure if it is made by the patient's healthcare provider to another healthcare provider for the purpose of continued treatment or care.

     Testimony in support of this measure was submitted by Kaiser Permanente Hawaii, the Health Information Management Association of Hawaii, Hawaii Pacific Health, The Queen's Medical Center, the Hawai‘i Primary Care Association, and one individual.  The Hawaii Association of Health Plans submitted comments on this measure.

     Your Committee finds that the existing law does not permit the disclosure of information for the continued care of a patient being treated for a mental illness unless the patient consents to the disclosure.  Often times, this can have negative consequences for the patient because doctors do not have all the information they need to continue the patient's treatment.  This measure will provide an exception to the consent requirements if the disclosure is made from one healthcare provider to another for the continued treatment or care of the patient. 

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1802 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

DAVID Y. IGE, Chair