STAND. COM. REP. NO. 603

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1171

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

 

Sir:

 

     Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 1171 entitled:

 

"A BILL FOR AN ACT RELATING TO THE HEALTH CARE PRIVACY HARMONIZATION ACT,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to identify the circumstances in which the State has a compelling interest in the use and disclosure of de-identified protected health information under the Health Care Privacy Harmonization Act.

 

     Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs, Chamber of Commerce Hawaii, Hawaii Pacific Health, and The Queen's Health Systems.  Your Committee received comments on this measure from the Department of the Attorney General.

 

     Your Committee finds that there are situations in which the State has a compelling interest in the use and disclosure of de-identified protected health information.  Your Committee further finds that medical and economic research, patient protection, public safety, and the proper operation of medical and healthcare facilities are areas in which a compelling interest may arise for the use of de-identified protected health information.  Your Committee notes that it is important for use of de-identified protected health information to be consistent with federal regulations.

 

     Your Committee has amended this measure by:

 

     (1)  Clarifying that for the State to have a compelling interest in the public and private disclosure, use, and production of de-identified protected health information, the information must be de-identified pursuant to title 45 Code of Federal Regulations part 164;

 

     (2)  Inserting language to provide examples of when the State shall have a compelling interest in the use of de‑identified protected health information; and

 

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1171, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1171, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

 

 

 

________________________________

ROSALYN H. BAKER, Chair