Report Title:

Evidence; medical records; admissibility in trial.

 

 

Description:

Allows certain medical, dental, and hospital records and writings to be admissible in certain civil trials without presenting certain supporting testimony.

HOUSE OF REPRESENTATIVES

H.B. NO.

1212

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO MEDICAL RECORDS.

 

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

SECTION 1. The purpose of this Act is to allow certain medical records to be admissible in certain civil trials without presenting certain testimony and to provide conditions and procedures for the offering of the evidence into a trial.

SECTION 2. Chapter 622, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

"§622- Admissibility of medical records in trial. (a) Medical records, as defined in subsection (b), may be offered into evidence in a trial, without the support of testimony from a physician, dentist, or hospital employee to authenticate the records or to prove custody of the records, in accordance with the following procedures:

(1) The party offering the evidence shall file a notice in the court and serve the notice to all parties no fewer than sixty days before commencement of the trial, of the party's intent to introduce the evidence, along with a copy of the record, if the record is otherwise admissible into evidence by law or by court rule; and

(2) A party who is served the notice under paragraph (1) and who intends to offer evidence of medical records into the trial, shall file a notice in court and serve the notice to all other parties no fewer than thirty days before the commencement of the trial, of the party's intention to introduce the evidence, along with a copy of the record, if the record is otherwise admissible into evidence by law or by court rule.

(b) For purposes of this section, "medical records" includes:

(1) Medical, dental, or hospital writings and records made to document a medical or dental condition, a physician's medical opinion, or a dentist's dental opinion, in connection with the provision of medical or dental treatment to a patient that is offered to prove the existence of a medical or dental condition, as applicable, the fact of providing the treatment, or an opinion of the necessity of the treatment; and

(2) A written statement or bill for medical, dental, or hospital expenses that is offered to prove the amount, appropriateness, or reasonableness of the charges for services.

(c) This section applies to claims involving:

(1) Damages for personal injury;

(2) Medical, hospital, or disability benefits;

(3) First party claims under chapter 431:10C; and

(4) First party claims for health insurance benefits.

(d) This section does not affect:

(1) A request for a summons to compel the attendance of a witness;

(2) Examination of a witness at a trial; or

(3) Conducting discovery in accordance with law or court rule."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 1, 2002.

INTRODUCED BY:

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