Report Title:

Department of Health; Epidemiological Investigations

Description:

Requires the department of health to consider a complete investigation into health concerns upon the request of five residents from a neighborhood.

THE SENATE

S.B. NO.

3202

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO HEALTH.

 

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

SECTION 1. The legislature finds that in Hawaii and elsewhere, there have been from time to time, situations in neighborhoods that raise concern about the health of its residents. A high incidence of certain categories of diseases, above the normal probabilities, is the typical cause of concern among neighbors, particularly when these diseases lead to premature death.

The legislature further finds that residents have utilized their own resources in an attempt to find the source that is causing the unusually high rate of disease in the neighborhood. They often seek the assistance of government agencies and companies that might be involved in sources of possible health hazards such as the pollution of drinking water.

When the government, at times, is unable to conduct a full investigation of these situations, residents are defenseless from hazards that may continue to threaten their health.

The purpose of this Act is to require the department of health to assist neighborhoods that find themselves in these types of situations by at least considering a complete epidemiological investigation upon the request of residents.

SECTION 2. Section 321-29, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-29[]] Epidemiologic investigations. (a) The department [may] shall conduct investigations to determine the nature and extent of diseases and injuries deemed by the department to threaten the public health and safety.

(b) Every person, health care provider, and medical facility shall provide the patient's name, the name of a minor patient's parent or guardian, address, telephone number, age, sex, race or ethnicity, clinical signs and symptoms, laboratory test results, diagnostic interview data, treatment provided, and the disposition of the patient when requested by an authorized representative of the director for the purpose of conducting such an investigation. The authorized representative may only view the limited portion of the patient's medical record, which is directly relevant in time and scope to the subject of the investigation.

(c) Every person, company, organization, association, health care provider, medical facility, or any other possible source of information shall provide names, addresses, telephone numbers, and locating information regarding an individual or group of individuals suspected of having been exposed to a disease or disease-causing substance that is the subject of an epidemiologic investigation when requested by an authorized representative of the director.

For the purposes of this subsection, "locating information" includes information contained in appointment, reservation, registration, invitation, attendance, billing, payment lists, or any other record that may help the department identify, locate, or contact individuals or groups suspected of having been exposed to a disease under investigation.

(d) No person, company, organization, association, health care provider, medical facility, or other source that provides information requested by an authorized representative of the director, for the purpose of conducting an investigation under this section, shall be held civilly or criminally liable for providing that information to the department.

(e) All information provided to the department under this section shall be kept strictly confidential, except as the director determines is necessary to protect the public health and safety. Access to confidential records shall be restricted to those individuals specifically authorized to participate in any given investigation. However, epidemiologic and statistical information with no individual identifying information may be released to the public. The identities of individuals whose medical records are investigated shall be disclosed only to those persons authorized by the director or the director's representative to conduct a specific investigation under this section or determined by the director to be necessary to protect the health and safety of the public.

(f) The department shall consider a full and complete epidemiological investigation into the source or sources of hazards that may threaten the health of residents of neighborhoods:

(1) Upon the request of five residents of the neighborhood where there exists a high incidence of disease or premature death among persons residing in that neighborhood; and

(2) When the director has determined that the rate of disease or premature death of the neighborhood is substantially above the average population.

The investigation shall be conducted in association with

neighborhood representatives and completed within six months,

unless an extension is granted by the governor.

A report of findings and recommendations shall be submitted

to the governor, legislature, and neighborhood representatives

within one month upon completion of the investigation."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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