STAND. COM. REP. NO. 2184

Honolulu, Hawaii

RE:    S.B. No. 2098

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Health, to which was referred S.B. No. 2098 entitled:

"A BILL FOR AN ACT RELATING TO PRIVACY OF HEALTH CARE INFORMATION,"

begs leave to report as follows:

     The purpose and intent of this measure is to clarify that persons and entities subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), who use or disclose information in a manner permitted by and consistent with HIPAA and related federal regulations, shall be deemed to be acting in compliance with state privacy laws and regulations.  

     Your Committee received testimony in support of this measure from the Office of the Governor; Department of Health; Hawaii Health Information Corporation; Healthcare Association of Hawaii; Hawaii Chapter, American Physical Therapy Association; Hawaii Health Information Exchange; HMSA; Kaiser Permanente Hawaii; Hawaii Disability Rights Center; Hawaii Medical Association; Hawaii Pacific Health; and one individual.  Your Committee received comments on this measure from the Department of Commerce and Consumer Affairs and the Department of Commerce and Consumer Affairs' Regulated Industries Complaints Office.

     Your Committee finds that harmonizing various state regulations governing disclosure of medical information with federal HIPAA requirements will simplify health information exchanges between providers and improve patient health outcomes.

     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. 2098 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,

____________________________

JOSH GREEN, M.D., Chair