HOUSE OF REPRESENTATIVES

H.B. NO.

2086

TWENTY-FIFTH LEGISLATURE, 2010

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HEALTH CARE DATA.

 

 

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

 


SECTION 1. Across the nation, health care information technology initiatives are being undertaken to improve health care outcomes as well as better control costs. Health care coordination can only improve when entities regulated by the Health Insurance Portability and Accountability Act of 1996 are able to share information electronically.

As federal efforts are being made to improve data-sharing through the creation of health information exchanges, one of the initial federal requirements that must be satisfied is the harmonization of federal and state laws.

With many local efforts underway to facilitate the implementation of patient-centered medical homes and accountable care organizations, and the increased use of telehealth as well as federal initiatives to build a functional health information exchange, it is necessary to ensure that health information is shared to the fullest extent allowed by federal law. However, under current Hawaii administrative rules, for example, clinical laboratories in Hawaii may disclose lab results only to the person who ordered the lab test, or their designee.

The purpose of this Act is to update current law to ensure the success of the many health care coordination projects underway in the community and to enable the sharing of necessary medical information while complying with federal privacy standards.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"321-   Clinical laboratory test results. (a) Clinical laboratory test results may be provided to authorized persons for any purpose permitted under the Health Insurance Portability and Accountability Act of 1996 and federal regulations promulgated thereunder.

(b) For purposes of this section, "authorized persons" shall include:

(1) The provider ordering the test, or the provider's designee; and

(2) Any covered entity as defined under 45 Code of Federal Regulations Section 160.103 promulgated under the Health Insurance Portability and Accountability Act of 1996."

SECTION 3.  New statutory material is underscored.

SECTION 4.  This Act shall take effect on July 1, 2020.



 

 

 

Report Title:

Clinical Laboratory Test Results; Privacy

 

Description:

Allows clinical laboratory test results to be provided to authorized persons or any covered entity for any purpose permitted under the Health Insurance Portability and Accountability Act of 1996. Effective July 1, 2020. (HB2086 HD2)

 

 

 

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