This new law will prevent hospitals from disclosing the medical conditions of people injured in accidents or crimes unless patients or their representatives sign waivers.
This means the news media won't be able to determine or report the seriousness of crimes and accidents. The public won't be able to know the seriousness of crimes in their neighborhoods or the safety of the roads leading to their homes or work places.
The bill has been signed into law by acting Gov. Mazie Hirono. The chapter had sent Gov. Ben Cayetano a letter asking him to veto the bill.
The chapter had provided House and Senate conferees with a proposed amendment that would have exempted medical privacy when the person "was injured as the result of criminal or law enforcement activity, recreational activity, a motor vehicle accident, , a work-related accident, a serious accident or a disaster; provided that the information disclosed pertains to the injury sustained."
The wording was drafted by Peggy Jenkins Leong, attorney for the Honolulu Star-Bulletin.
But that amendment did not make it into the bill as conferees wrapped up work on it.
Rep. Nestor Garcia tried to introduce the amendment but Senate conferees wouldn't accept it. Garcia reported that Office of Information Practices Director Moya Gray says the law won't change existing practices.
The chapter submitted written testimony March 22, saying the bill would prohibit hospitals from releasing condition reports of persons injured in motor vehicle accidents and crimes.
The bill:
Protects privacy of health care information by stipulating conditions under which information can be disclosed. Provides penalties.
Would block hospitals from releasing medical conditions of crime and accident victims.
Gov. Ben Cayetano has vetoed a bill that would have allowed the Tourism Authority to withhold consultant reports and internal analyses.
In the closing hours of the legislative session, lawmakers stuck in a provision that would have made the Hawaii Tourism Authority the only government agency that can pick what records it wants to withhold.
"Thus, neither the Office of Information Practices, which is the agency charged with administering the Uniform Information Practices Act, nor the general public had an opportunity to testify. This bill affects both the Uniform Information Practices Act and the Sunshine Law, which promotes the policies of open government and public participation in government," Cayetano said.
"As such, exemptions from the requirements of these laws must be carefully tailored to balance the interests of the public and the legitimate concerns of governmental agencies. The exemptions to these laws for HTA were not subjected to public comment and scrutiny, but were included in this bill after the opportunity for testimony had passed. A more thorough exposition of the competing interests at issue here is necessary before it is clear that these exemptions are warranted."
It allows the authority's board to withhold from the public any consultant's report and internal analysis related to the formulation of its strategic tourism marketing plan. Documents could be withheld for up to 18 months.
Two-thirds of the board members just decide if disclosure "would frustrate" the board's efforts to carry out the strategic plan.
The board has long resisted efforts by news reporters to get reports and other information discussed at meetings. It started giving out the information after the attorney general's office told board members the information should be disclosed.
The chapter has sent a letter to Gov. Ben Cayetano asking him to veto the bill.