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THE SENATE |
S.B. NO. |
2392 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to provider orders for life-sustaining treatment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 327K, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§327K- Electronic
registry system; establishment; requirements. (a)
The department shall establish an electronic registry system for the purpose
of collecting a patient's form, executed pursuant to section 327K-2(a), and
disseminating the information to an authorized user.
(b) The department shall ensure the registry includes
the following:
(1) Appropriate and
timely methods by which the information in the registry may be disseminated to
an authorized user;
(2) Procedures for
verifying the identity of an authorized user;
(3) Procedures to
ensure the accuracy of, and to appropriately protect the confidentiality of,
information included on the form submitted to the registry;
(4) A requirement
that a patient, or, if the patient is incapacitated, the patient's legally
authorized representative, receive a confirmation or receipt that the patient's
form has been received by the registry; and
(5) The ability of
a patient, or, if the patient is incapacitated, the patient's legally
authorized representative, to modify or withdraw the form from the registry;
provided that a patient having capacity, or, if the patient is incapacitated,
the patient's legally authorized representative, retains the ability to revoke
a form at any time, pursuant to section 327K-2(d).
(c) A patient's provider who executes a form with
a patient or the patient's legally authorized representative, pursuant to
section 327K-2(a), shall include the form in the patient's official medical
record and shall submit a copy of the form, or enter the information from the
form, into the registry; provide that a patient, or, if the patient is
incapacitated, the patient's legally authorized representative, shall have the
right to choose not to participate in the registry.
(d) The registry shall comply with all state and
federal laws and regulations related to security and privacy, including the
federal Health Insurance Portability and Accountability Act."
SECTION 2. Section 327K-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:
""Authorized user"
means a patient's provider, health care provider, or health care facility
authorized to receive information from the registry.
"Health care facility"
shall have the same meaning as in section 323D-2.
"Registry" means the electronic registry system established under section 327K- ."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Provider Orders for Life-Sustaining Treatment; Electronic Registry System; Department of Health
Description:
Requires the department of health to establish an electronic registry system for the purpose of collecting a patient's provider order for life-sustaining treatment form and disseminating the information to an authorized user. Specifies certain requirements for the registry.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.