STAND. COM. REP. NO. 622

Honolulu, Hawaii

RE:    S.B. No. 449

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 449, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PATIENT PRESCRIPTION INFORMATION,"

begs leave to report as follows:

     The purpose of this measure is prohibit records relating to prescription information containing patient-identifiable and prescriber-identifiable data from being licensed, transferred, used, or sold by any pharmacy benefits manager, insurance company, electronic transmission intermediary, state licensed pharmacy, state licensed physician or osteopathic physician, or other similar entity, for commercial purposes, except as specifically provided.

     Your Committee finds that it is essential to protect private patient medical information from sale, which is usually a commercial profit-making activity, to pharmaceutical companies.

     Your Committee has amended this measure by:

(1)  Allowing third party insurance providers to access prescription information records;

(2)  Deleting references to the Regulated Industries Complaints Office which leaves references to the Department of Commerce and Consumer Affairs; and

     (3)  Making technical, nonsubstantive amendments.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 449, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 449, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

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BRIAN T. TANIGUCHI, Chair