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Hirono says
repeal medical
privacy law

She says the law isn't needed
because federal laws will
resolve the issue

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By Richard Borreca
Star-Bulletin

A far-reaching state medical privacy law should be repealed because it isn't needed, according to Lt. Gov. Mazie Hirono.

She told the Senate Consumer Protection Committee yesterday that the issues tackled by the existing law are now being resolved with regulations in the federal Health Insurance Portability and Accountability Act.

Earlier this year, Hirono urged the Legislature to delay implementing the medical privacy act. When it did so, she said, the delay saved local businesses "literally millions of dollars in costs to comply."

"If we proceed down the path of state law now, we will encounter even more difficulties, confusion and costs," she said.

After the original state law was passed, officials ranging from police to the Labor Appeals Board worried that the privacy regulations would shut down business.

Because the law applied criminal sanctions to violations, people charged with handling medical records were afraid that unintentional violations would land them in jail, said representatives of the International Longshore and Warehouse Union, which testified against the bill.

Sen. Ron Menor, Consumer Protection Committee chairman, said he also had "strong concerns" about the present law, but would wait until his committee can hold hearings across the state on the issue. "Given all the factors involved, we need a comprehensive approach," he said.

Menor said the business community also wants the law repealed and replaced with simplified regulations. "That is something I think the Legislature will give serious consideration to, because of the regulations the feds are coming up with," he said.

Right now, Menor said, there is no evidence that medical records are being used improperly or that privacy is being invaded, but he warns "it could become a major issue."

"Especially as records become available in computerized form, consumers may develop a stronger interest in maintaining privacy," Menor said. "The question is whether it should be on a state or federal level."

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