SB91

Report Title:

Department of Health; Epidemiological Investigations

Description:

Requires the DOH to conduct epidemiologic investigations; requires DOH to consider a complete investigation into the source of health hazards upon the request of five residents from a neighborhood.

 

THE SENATE	S.B. NO.	91
TWENTY-THIRD LEGISLATURE, 2005
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO HEALTH.

 

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

SECTION 1. The legislature finds that in Hawaii and elsewhere there have been, from time to time, situations in neighborhoods that raise concern about the health of their residents. A high incidence of certain categories of diseases, above the normal probabilities, is the typical cause of concern among neighbors, particularly when these diseases lead to premature death.

The legislature further finds that neighborhood residents have utilized their own resources in an attempt to find the source that is causing the unusually high rate of disease in the neighborhood. They often seek the assistance of government agencies and companies that might be involved in sources of possible health hazards such as the pollution of drinking water. When the government is unable to conduct a full investigation of these situations, residents are defenseless from hazards that may continue to threaten their health.

The purpose of this Act is to require the department of health to:

(1) Conduct epidemiologic investigations to determine the nature and extent of diseases and injuries that threaten the public health and safety; and

(2) Consider a complete epidemiological investigation into the source of hazards that threaten the health of residents in a neighborhood.

SECTION 2. Section 321-29, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-29[]] Epidemiologic investigations. (a) The department [may] shall conduct investigations to determine the nature and extent of diseases and injuries deemed by the department to threaten the public health and safety.

(b) Every person, health care provider, and medical facility shall provide the patient's name, the name of a minor patient's parent or guardian, address, telephone number, age, sex, race or ethnicity, clinical signs and symptoms, laboratory test results, diagnostic interview data, treatment provided, and the disposition of the patient when requested by an authorized representative of the director for the purpose of conducting such an investigation. The authorized representative may only view the limited portion of the patient's medical record, which is directly relevant in time and scope to the subject of the investigation.

(c) Every person, company, organization, association, health care provider, medical facility, or any other possible source of information shall provide names, addresses, telephone numbers, and locating information regarding an individual or group of individuals suspected of having been exposed to a disease or disease-causing substance that is the subject of an epidemiologic investigation when requested by an authorized representative of the director.

For the purposes of this subsection, "locating information" includes information contained in appointment, reservation, registration, invitation, attendance, billing, payment lists, or any other record that may help the department identify, locate, or contact individuals or groups suspected of having been exposed to a disease under investigation.

(d) No person, company, organization, association, health care provider, medical facility, or other source that provides information requested by an authorized representative of the director, for the purpose of conducting an investigation under this section, shall be held civilly or criminally liable for providing that information to the department.

(e) All information provided to the department under this section shall be kept strictly confidential, except as the director determines is necessary to protect the public health and safety. Access to confidential records shall be restricted to those individuals specifically authorized to participate in any given investigation. However, epidemiologic and statistical information with no individual identifying information may be released to the public. The identities of individuals whose medical records are investigated shall be disclosed only to those persons authorized by the director or the director's representative to conduct a specific investigation under this section or determined by the director to be necessary to protect the health and safety of the public."

(f) The department shall consider a complete epidemiological investigation into the source of hazard that may threaten the inhabitants of an area affected by the hazard if:

(1) A request for a health investigation is made to the department by inhabitants of not less than five households in the area; and

(2) The director of health determines that the rate of disease or premature death is substantially above the average population for that area.

In conducting the epidemiological investigation, the department shall consult with inhabitants making the request. The investigation shall be completed within six months, unless an extension is granted by the governor. The department shall submit a report on findings and recommendations to the governor, the legislature, and the inhabitants making the request not more than thirty days after completion of the investigation."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________