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Call to fix
medical privacy
law fails
Providers worry they'll be
By Richard Borreca
buried by paper or violations,
two officials say
Star-BulletinLt. Gov. Mazie Hirono's call to fix new problems with the state's medical privacy law, if the Legislature calls a special session, has failed to persuade Gov. Ben Cayetano, who says the flaws can be repaired next year.
Hirono yesterday suggested a special session, calling the existing law "mass confusion."
"Everyone who deals with medical records is supposed to get a signed consent form," she said.
"It is creating a lot of uncertainty."
Hirono said insurance agencies dealing with the medical records and workers' compensation cases are questioning the law.
"The new law appears to require that each provider must obtain an original release form from the patient, followed by additional release forms for any entities processing insurance claims ... the amount of paperwork generated would be enormous," she said.
But Cayetano -- who has the power to call a special legislative session -- said if there are problems, the law can be amended during next year's legislative session.
The state director of the Office of Information Practices, Moya Davenport, said after the bill was passed that there were worries from private industry.
"They are deathly afraid of going to join and paying $100,000 (for violations)," Davenport said.
The bill is the end product of several years of work by a health care task force. It is supposed to protect personal health information while allowing review of medical information for research and to prevent fraud and abuse.
Information on hospitalized patients cannot be disclosed without their permission, which triggered a protest from the Society of Professional Journalists.
The group urged a veto, saying that provision will hamper reporting of severe crimes and accidents.
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