THE SENATE                           S.R. NO.              28
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  RESOLUTION

  REQUESTING THE PATIENTS' BILL OF RIGHTS TASK FORCE TO STUDY THE
    ADVISABILITY AND FEASIBILITY OF CREATING A DATA BANK WITH
    PROVIDER INFORMATION FOR ACCESS BY HEALTH CARE CONSUMERS.


 1        WHEREAS, a patient's selection of a health care provider
 2   is an important decision from the standpoint of a health
 3   consumer's perspective; and
 4   
 5        WHEREAS, selection of a health care provider could affect
 6   the right diagnosis or proper treatment of an illness or
 7   disease, and could literally mean a life and death decision for
 8   the patient; and 
 9   
10        WHEREAS, there is no easily accessible source in Hawaii
11   for information about health care providers that would give a
12   patient important information and some insight about a health
13   care provider, whom the patient may consider selecting for the
14   patient or the patient's family; and
15   
16        WHEREAS, according to a comprehensive survey conducted by
17   OmniTrak Group, Inc., a local polling company, Hawaii residents
18   strongly favor having access to more information about their
19   health care providers, other than through the usual provider
20   referrals, word-of-mouth, or yellow page listings; and
21   
22        WHEREAS, an Omnitrak survey of health consumers found that
23   the following percentages want the following information on
24   health care providers:
25   
26        (1)  83% about board certification in a specialty;
27   
28        (2)  81% about medical education;
29   
30        (3)  79% about criminal convictions;
31   
32        (4)  78% about licensure restrictions in Hawaii or in
33             other states;
34   
35        (5)  73% about physician scores on quality care
36             measurements;
37   
38        (6)  72% about satisfaction ratings by other patients; and
39   
40        (7)  72% about successful lawsuits by patients;

 
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 1   
 2   and
 3   
 4        WHEREAS, in September 1995, the federal General Accounting
 5   Office reported that forty states have some type of public
 6   distribution of health care data, and actively provide
 7   information to the public about provider performance; and
 8   
 9        WHEREAS, the Pew Health Professions Commission recommends
10   that professional licensing boards provide public information
11   relevant to a licensee upon request, in a clear and
12   comprehensive manner; and
13   
14        WHEREAS, a health care provider's right to privacy must be
15   balanced against a consumer's right to know about that
16   provider; and
17   
18        WHEREAS, Act 178, Session Laws of Hawaii (SLH) 1998,
19   required the Insurance Commissioner to convene a task force
20   comprised of various members from the public and private
21   sectors to review various laws which provide protection of
22   patient's rights and responsibilities in regards to health
23   care; now, therefore,
24   
25        BE IT RESOLVED by the Senate of the Twentieth Legislature
26   of the State of Hawaii, Regular Session of 1999, that the task
27   force created by Act 178, SLH 1998, study the advisability and
28   feasibility of creating a data bank with provider information
29   for access by health care consumers; and
30   
31        BE IT FURTHER RESOLVED that the task force report its
32   findings and recommendations to the legislature no later than
33   twenty days before the commencement of the Regular Session of
34   2000, which shall include the following:
35   
36        (1)  Assessment of the demand for health care provider
37             information;
38   
39        (2)  Current information about health care providers that
40             are available from state agencies;
41   
42        (3)  Issues relating to protecting the privacy rights of
43             health care providers;
44   
45        (4)  Designation of the appropriate state agency, or
46             creation of a new agency, to disseminate information

 
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 1             about health care providers;
 2   
 3        (5)  Assessment of the costs of providing public
 4             information about health care providers; and
 5   
 6        (6)  Recommendations for legislative enactments or for
 7             administrative rule changes, or both;
 8   
 9   and
10   
11        BE IT FURTHER RESOLVED that certified copies of this
12   Resolution be transmitted to the Insurance Commissioner,
13   Director of Health, Administrator of the Disabilities
14   Compensation Division of the Department of Labor and Industrial
15   Relations, Hawaii Medical Service Association, Kaiser
16   Permanente, American Association of Retired Persons, Hawaii
17   Coalition for Health, Legal Aid Society of Hawaii, Hawaii
18   Medical Association, Hawaii Nurses' Association, and Healthcare
19   Association of Hawaii.
20 
21 
22 
23                         OFFERED BY:  ____________________________