SB2982

Report Title:

Hospitals; Patient's Personal Effects

 

Description:

Requires hospitals to provide security of personal effects belonging to a patient that are necessary for the patient's health and well-being, including dentures, glasses, hearing aids, walking devices, and prostheses.

THE SENATE	S.B. NO.	2982
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to hospitals.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 323, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§323- Patient's personal effects. (a) A hospital shall have a duty to provide for the security of any personal effects of a patient that are necessary for the patient's health and well-being and that were in the patient's possession upon admission. Upon admission of the patient, the hospital shall make a written inventory of the patient's personal effects and shall provide the patient with a copy of that inventory as well as a copy of the hospital's security policy and missing items claims procedure. At the time of discharge, the patient shall have an opportunity to file a claim for any personal effects on the inventory that are missing, or sign a release form acknowledging that all items on the inventory are accounted for.

(b) Unless a hospital can establish to the satisfaction of the patient, or the patient's representative or caregiver, that the personal effects were missing as a result of an act of the patient or any of the patient's visitors, the hospital shall be liable for the claim under subsection (a) unless the patient has signed a release. The hospital shall be liable to the patient for the replacement cost of the missing item, and shall pay the patient the value of the replacement cost within thirty days from the time of filing of the claim; provided that if thirty days have elapsed without payment, the hospital shall be liable for three times the replacement cost; provided further that if sixty days have elapsed without payment, the hospital shall be liable for six times the replacement cost. This subsection shall not be construed to preclude a negotiated settlement of the claim.

(c) As used in this section, "personal effects" means personal property of the patient that is necessary for the patient's health and well-being such as dentures, glasses, hearing aids, walking devices, and prostheses."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________