THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO ADOLESCENT MENTAL HEALTH SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 323B-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
Notwithstanding] Except as
prohibited by section 577-29(f), and notwithstanding any other law
to the contrary, any use or disclosure of individually
identifiable health information by any covered entity or business associate
that is permitted by title 45 Code of
Federal Regulations part 164, subpart E, shall be deemed to comply with all
state laws relating to the use, disclosure, or confidentiality of such
SECTION 2. Section 577-29, Hawaii Revised Statutes, is amended to read as follows:
"§577-29 Mental health services relating to minors; diagnosis, counseling, and related activities. (a) Notwithstanding any other law to the contrary, a minor who is fourteen years of age or older may consent to mental health treatment or counseling services provided by a licensed mental health professional if, in the opinion of the licensed mental health professional, the minor is mature enough to participate intelligently in the mental health treatment or counseling services; provided that the consent of the minor's parent or legal guardian shall be required to prescribe medication to the minor or to place the minor into an out-of-home or residential treatment program. It shall be a standard of care for a licensed mental health professional treating a minor to ask the minor if the minor wants the provision of mental health treatment or counseling services to be kept confidential from the minor's parent or guardian and explain to the minor what confidentiality means with regard to mental health services.
(b) The mental health treatment or counseling services provided to a minor as authorized by this section shall include involvement of the minor's parent or legal guardian, unless the licensed mental health professional, after consulting with the minor, determines that the involvement would be inappropriate. The licensed mental health professional shall state in the client record whether and when the treating clinician attempted to contact the minor's parent or legal guardian, and whether the attempt to contact was successful or unsuccessful, or the reason why, in the treating licensed mental health professional's opinion, it would be inappropriate to contact the minor's parent or guardian.
(c) A minor may not abrogate consent provided by a parent or legal guardian on the minor's behalf. A parent or legal guardian may not abrogate consent given by the minor on the minor's own behalf.
If a minor consents to receive mental health treatment or
counseling services pursuant to this section, the minor shall not be liable for
.], including out-of-pocket payment.
The minor's parent or legal guardian is not liable for [
payments for mental health
treatment or counseling services provided pursuant to this section
unless the parent or guardian participates in the mental health treatment or counseling services, and then
only for services rendered with the participation of the parent or guardian.
(f) A covered entity shall not disclose to the minor's parent or legal guardian who is a policyholder or other covered person, any billing information, including payments made by the covered entity for mental health treatment or counseling services provided pursuant to this section, if the minor received the services without the consent or participation of the minor's parent or legal guardian.
(f)] (g) As used in this section:
"Covered entity" has the same meaning as in title 45 Code of Federal Regulations section 160.103.
"Licensed mental health professional" means any of the following:
(1) A person licensed as a mental health counselor pursuant to chapter 453D;
(2) A person licensed as a marriage and family therapist pursuant to chapter 451J;
(3) A clinical social worker licensed pursuant to chapter 467E;
(4) A person licensed as a psychologist pursuant to chapter 465;
(5) A board certified, or board eligible, licensed psychiatrist; or
(6) An advanced practice registered nurse licensed pursuant to chapter 457 who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization.
"Mental health treatment or counseling services" means the provision of outpatient mental health treatment or counseling by a licensed mental health professional."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Adolescent Mental Health; Payment Disclosure; Confidentiality
Requires, as part of the standard of care, a mental health professional to clarify and confirm with a minor patient whether the mental health treatment is confidential. Restricts disclosure of payment information for a minor patient's mental health treatment in certain circumstances. (SB768 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.