THE SENATE	S.B. NO.	2100
TWENTY-FIFTH LEGISLATURE, 2010		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HEALTH CARE DATA.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Across the nation, health care information technology initiatives are being set up to both improve health care outcomes and better control costs.  Health care coordination can only improve when entities regulated by the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, are able to electronically share information.

     As federal efforts are being undertaken in relation to data sharing through the creation of health information exchanges, one of the initial federal requirements is to harmonize federal and state laws.  Under current Hawaii administrative rules, clinical laboratories in Hawaii may disclose laboratory results only to the person who ordered the laboratory test or the person's designee.

     With many local efforts underway to facilitate the implementation of patient-centered medical homes and accountable care organizations, and the increased use of telehealth as well as federal initiatives to build a functional health information exchange, ensuring that health information may be shared to the fullest extent allowed by federal law is a necessity.

     The purpose of this Act is to update current law to ensure the success of the many health care coordination projects underway in the community and to enable the sharing of all necessary medical information while complying with federal privacy standards.

     SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§321-   Clinical laboratory test results. (a)  Clinical laboratory test results may be provided to authorized persons for any purpose permitted under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and federal regulations promulgated thereunder.

(b)  For purposes of this section and any state administrative rules governing clinical laboratories in the State of Hawaii, "authorized persons" shall include:

(1) The provider ordering the test or the provider's designee; and

(2) Any covered entity as defined under 45 Code of Federal Regulations parts 160-164 promulgated under the Health Insurance Portability and Accountability Act of 1996."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Confidentiality of Clinical Laboratory Data

Description:

Ensures that authorized persons are able to receive lab data in electronic format to facilitate the use and development of health care exchange networks.  (SD2)

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