The 2001 Legislature and Openness in Government
Guidelines on Patient Privacy Rules Issued
From Frosty Landon, National Freedom of Information Coalition
The Bush administration issued detailed guidelines Friday for protecting the confidentiality of medical records, attempting to dispel what many described as the most serious misconceptions about the first federal patient privacy rules.
http://www.washingtonpost.com/wp-dyn/articles/A29529-2001Jul6.html?referer=email
The 2001 Legislature and Openness in Government
Remember the confusion over hospital personnel being penalized for releasing information about patients?
This year, the state Legislature passed House Bill 201 because federal regulations may supercede it. The federal regulations would go into effect in 2003.
Acting Gov. Mazie Hirono signed the bill into law recently.
The measure says: "The legislature finds that Act 87, Session Laws of Hawaii 1999, was well intended to protect the privacy of medical patients. However, when the Act's effective date of July 1, 2000, approached, Hawaii's businesses, insurers, physicians, and even state agencies realized the difficulty and/or impossibility of compliance. With the civil and criminal penalties so severe, the 2000 legislature, during the second special session, amended the law so that entities affected by this chapter could have an additional year to comply, as well as attend the Medical Privacy Task Force meetings to have their concerns addressed.
"It was not the intent of the legislature at that time to have Act 87, Session Laws of Hawaii 1999, repealed. However, after a series of informational briefings in January 2001, and careful review of the dissenting report, the 2001 legislature finds little support for a Hawaii Medical Privacy Law in light of the adoption of federal rules and regulations on medical privacy by the United States Department of Health and Human Services. In fact, long-time supporters and original medical privacy task force members stated that they may support a repeal of Act 87, Session Laws of Hawaii 1999, in light of the federal government's action.
"The legislature further finds that although there is a concern about the privacy of medical records, there is no evidence of widespread abuse in Hawaii. This is a complex issue, and there needs to be a clear understanding of what, if any, problems Hawaii faces in protecting medical privacy."
Two years ago, the chapter testified against the state measure because it would make it hard for the news media to get the prompt medical conditions of people injured in accidents and crimes. In fact, although the measure's implementation date has been moved back, hospitals are already withholding medical conditions.
There also was a bill (HB 1157) to have the Office of Information Practices enforce violations of the medical privacy law.
Poised for passage is SB 780. It would put a crime victims privacy proposal before voters. It would give crime victims constitutionally protected rights, which includes "appropriate rights to privacy, protection, participation in criminal proceedings." The language doesn't directly affect release of information in criminal proceedings but has vague language but says victims are "to be treated with courtesy, fairness and respect for their dignity and privacy throughout the criminal justice process."
Click here to see committee report and text of SB780 SD1
An unofficial list of legislative bills this session involving open meetings, public records and privacy that appear dead for this year: