Hawaii 2024 Regular Session

Hawaii Senate Bill SB1471 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 1471 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT Relating to Privacy. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 1471
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	1471
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	Relating to Privacy.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to part XXII to be appropriately designated and to read as follows: "§321- Disclosure of individually identifiable health information of newborn children; prohibition. (a) Notwithstanding any other law to the contrary, it shall be unlawful for the department or any person who receives individually identifiable health information of a newborn child obtained through a newborn screening test performed pursuant to section 321-291, including: (1) Any laboratory designated by the department to perform newborn screening tests; (2) Any person designated by the department or laboratory in paragraph (1) to provide consultation regarding interpretation of test results, guidelines for care, treatment, and follow-up of infants with positive newborn screening test results; (3) Any hospital required to keep record of newborn screening test results; and (4) Any physicians caring for the newborn child; to disclose to any person other than the newborn child's parents, guardian, or other persons having custody or control of the newborn child, any individually identifiable health information of a newborn child, including disclosure to a law enforcement officer or any agent of a law enforcement officer, regardless of whether the law enforcement officer or the agent presents a court order, subpoena, or any other document issued by a governmental agency requiring the disclosure of the newborn child's individually identifiable health information. (b) Any information obtained by a law enforcement officer or an agent of a law enforcement officer in violation of subsection (a) shall be deemed evidence acquired by unlawful means. (c) As used in this section, unless the context clearly requires otherwise: "Disclosure" means the release, transfer, provision of access to, or divulging in any manner of information outside the entity holding the information. "Governmental agency" means the judiciary and each department, division, board, commission, public corporation, officer, or any other agency or instrumentality of the State or any of its political subdivisions. "Health information" means any information, including genetic information, whether oral or recorded in any form or medium, that relates to: (1) The past, present, or future physical or mental health or condition of a newborn child; (2) The provision of health care to a newborn child; or (3) The past, present, or future payment for the provision of health care to a newborn child. "Individually identifiable health information" means information that is a subset of health information, including demographic information collected from a newborn child, and relates to: (1) The past, present, or future physical or mental health or condition of the newborn child; (2) The provision of health care the newborn child; or (3) The past, present, or future payment for the provision of health care to the newborn child; and that either identifies the newborn child or with respect to which there is a reasonable basis to believe the information can be used to identify the newborn child. "Law enforcement officer" means a sheriff or deputy sheriff, a police officer, a special agent of the department of the attorney general, and any other public servant, whether employed by the United States, State, or county, vested by law with a duty to maintain public order, make arrests for offenses, or enforce criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses. "Person" means an individual, firm, partnership, company, corporation, association, cooperative, or other form of business or legal entity, governmental body, or agency, board, bureau, or other instrumentality thereof, or any combination of two or more of the foregoing. "Person" includes "covered entities" and "business associates" as defined in section 323B-2." SECTION 2. Section 323B-3, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows: "[[]§323B-3[]] Privacy of individually identifiable health information. (a) [Notwithstanding] Except as prohibited by section 321- , 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 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] the information." 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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49	49	SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to part XXII to be appropriately designated and to read as follows:
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51	51	"§321- Disclosure of individually identifiable health information of newborn children; prohibition. (a) Notwithstanding any other law to the contrary, it shall be unlawful for the department or any person who receives individually identifiable health information of a newborn child obtained through a newborn screening test performed pursuant to section 321-291, including:
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53	53	(1) Any laboratory designated by the department to perform newborn screening tests;
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55	55	(2) Any person designated by the department or laboratory in paragraph (1) to provide consultation regarding interpretation of test results, guidelines for care, treatment, and follow-up of infants with positive newborn screening test results;
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57	57	(3) Any hospital required to keep record of newborn screening test results; and
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59	59	(4) Any physicians caring for the newborn child;
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61	61	to disclose to any person other than the newborn child's parents, guardian, or other persons having custody or control of the newborn child, any individually identifiable health information of a newborn child, including disclosure to a law enforcement officer or any agent of a law enforcement officer, regardless of whether the law enforcement officer or the agent presents a court order, subpoena, or any other document issued by a governmental agency requiring the disclosure of the newborn child's individually identifiable health information.
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63	63	(b) Any information obtained by a law enforcement officer or an agent of a law enforcement officer in violation of subsection (a) shall be deemed evidence acquired by unlawful means.
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65	65	(c) As used in this section, unless the context clearly requires otherwise:
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67	67	"Disclosure" means the release, transfer, provision of access to, or divulging in any manner of information outside the entity holding the information.
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69	69	"Governmental agency" means the judiciary and each department, division, board, commission, public corporation, officer, or any other agency or instrumentality of the State or any of its political subdivisions.
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71	71	"Health information" means any information, including genetic information, whether oral or recorded in any form or medium, that relates to:
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73	73	(1) The past, present, or future physical or mental health or condition of a newborn child;
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75	75	(2) The provision of health care to a newborn child; or
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77	77	(3) The past, present, or future payment for the provision of health care to a newborn child.
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79	79	"Individually identifiable health information" means information that is a subset of health information, including demographic information collected from a newborn child, and relates to:
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81	81	(1) The past, present, or future physical or mental health or condition of the newborn child;
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83	83	(2) The provision of health care the newborn child; or
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85	85	(3) The past, present, or future payment for the provision of health care to the newborn child; and
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87	87	that either identifies the newborn child or with respect to which there is a reasonable basis to believe the information can be used to identify the newborn child.
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89	89	"Law enforcement officer" means a sheriff or deputy sheriff, a police officer, a special agent of the department of the attorney general, and any other public servant, whether employed by the United States, State, or county, vested by law with a duty to maintain public order, make arrests for offenses, or enforce criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses.
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91	91	"Person" means an individual, firm, partnership, company, corporation, association, cooperative, or other form of business or legal entity, governmental body, or agency, board, bureau, or other instrumentality thereof, or any combination of two or more of the foregoing. "Person" includes "covered entities" and "business associates" as defined in section 323B-2."
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93	93	SECTION 2. Section 323B-3, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
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95	95	"[[]§323B-3[]] Privacy of individually identifiable health information. (a) [Notwithstanding] Except as prohibited by section 321- , 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 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] the information."
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97	97	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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99	99	SECTION 4. This Act shall take effect upon its approval.
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103	103	INTRODUCED BY: _____________________________
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105	105	INTRODUCED BY:
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117	117	Report Title: Privacy; Individually Identifiable Health Information; Newborn Child; Genetic and Metabolic Screening; Disclosure; Prohibition; Law Enforcement Officers Description: Prohibits the Department of Health or any recipient of individually identifiable health information of a newborn child obtained through genetic and metabolic screening tests required by law to disclose to any person other than the newborn child's parents, guardian, or other persons having custody or control of the newborn child, any individually identifiable health information of a newborn child, including disclosure to a law enforcement officer. Establishes that any information obtained by a law enforcement officer in violation of this prohibition shall be deemed evidence acquired by unlawful means. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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123	123	Report Title:
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125	125	Privacy; Individually Identifiable Health Information; Newborn Child; Genetic and Metabolic Screening; Disclosure; Prohibition; Law Enforcement Officers
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129	129	Description:
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131	131	Prohibits the Department of Health or any recipient of individually identifiable health information of a newborn child obtained through genetic and metabolic screening tests required by law to disclose to any person other than the newborn child's parents, guardian, or other persons having custody or control of the newborn child, any individually identifiable health information of a newborn child, including disclosure to a law enforcement officer. Establishes that any information obtained by a law enforcement officer in violation of this prohibition shall be deemed evidence acquired by unlawful means.
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139	139	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.