Report Title:

Release of Medical Records of Deceased Person; Next of Kin

Description:

Provides for the release of medical records of a deceased person to next of kin.

THE SENATE

S.B. NO.

2575

TWENTY-SECOND LEGISLATURE, 2004

 

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. Section 622-57, Hawaii Revised Statutes, is amended to read as follows:

"§622-57 Availability of medical records. (a) If a patient of a health care provider as defined in section 671-1, requests copies of [his or her] the patient's medical records, the copies shall be made available to the patient, unless in the opinion of the health care provider, it would be detrimental to the health of the patient to obtain the records. If the health care provider is of the opinion that release of the records to the patient would be detrimental to the health of the patient, the health care provider shall advise the patient that copies of the records will be made available to the patient's attorney upon presentation of a proper authorization signed by the patient.

(b) If an attorney for a patient asks a health care provider for copies of the patient's medical records and presents a proper authorization from the patient for the release of the information, complete and accurate copies of the records shall be given to the attorney within a reasonable time not to exceed ten working days.

(c) In the case of a deceased person, a personal representative of the deceased person's estate, as defined in section 560:1-201, may obtain copies of the deceased person's medical records upon presentation of a proper authorization signed by the personal representative. When there is no personal representative of a deceased person's estate, copies of the deceased person's medical records may be requested and obtained by the deceased person's next of kin in order of superseding priority, except as otherwise provided in this subsection and subsection (d). For the purposes of this subsection, "deceased person's next of kin" means a person with the following relationship to the deceased person:

(1) The spouse or reciprocal beneficiary;

(2) An adult child;

(3) Either parent;

(4) An adult sibling;

(5) A grandparent; and

(6) A guardian at the time of death.

A deceased person's next of kin possesses "superseding priority" when all kin ranked higher in the order listed in this paragraph are deceased or incapacitated. When there are multiple persons at the level of superseding priority, all such persons shall be entitled to request and obtain the records. The person claiming to be next of kin of a deceased person and requesting the deceased person's medical records shall submit, to the medical provider from whom the records are requested, an affidavit attesting to status as next of kin with superseding priority, and the medical provider may rely upon the affidavit, and in so doing, shall be immune to any claims relating to release of the medical records.

(d) A health care provider may refuse a request by the deceased person's next of kin for release of medical records if the medical records of the deceased person contain references pertaining to any of the following types of specially protected health information:

(1) HIV infection, AIDS or, AIDS-related complex;

(2) Diagnosis or treatment of a mental illness; or

(3) Participation in a substance abuse treatment program.

However, any records containing specially protected health information may be produced pursuant to a court order specifically compelling release.

(e) Reasonable costs incurred by a health care provider in making copies of medical records shall be borne by the requesting person."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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