HB1415 HD2

SECTION 1. The legislature finds that incidents of violence or threats of violence on the basis of race, ethnicity, or ancestry have increased at an alarming rate during the coronavirus disease 2019 (COVID-19) pandemic. Specifically, statistics from the Federal Bureau of Investigation's uniform crime reporting program indicate that the number of reported hate crimes motivated by race, ethnicity, or ancestry increased by more than thirty per cent between 2019 and 2020.

The legislature further finds that, in particular, Asian Americans have often been the target of these hate crimes. This has been driven in part by the use of anti-Asian terminology and rhetoric that perpetuate anti-Asian stigma, such as the terms "Chinese virus," "Wuhan virus," and "Kung-flu." As the use of anti-Asian rhetoric increased, the number of Asian Americans being harassed, assaulted, and scapegoated have increased as well. Between March 19, 2020, and September 30, 2021, a total of 10,370 hate incidents against Asian American and Pacific Islander persons were reported to the Stop AAPI Hate coalition. According to the coalition, a majority of these incidents take place in public spaces and are targeted toward women. The legislature finds that actions must be taken to address these types of incidents.

The legislature also finds that when communities face threats of violence, developing threat assessment teams within organizations may help the organizations identify, assess, and manage the threats and is therefore a matter of statewide concern. A multidisciplinary threat assessment team consisting of individuals with diverse training and experience can help prevent violence. Psychologists, health care providers, social workers, substance abuse counselors, disability service providers, and other individuals all have different expertise and perspectives that can help find solutions to manage threats.

In order to succeed, threat assessment teams need the following tools: training, assistance with developing protocols, the ability for team members from different disciplines to share information with each other, and assurance that information is shared only among trusted team members and only for threat assessment purposes. Threat assessment teams shall work with state and county emergency management partners, where appropriate, to support effective and efficient coordination and consequence management of potential incidents.

The purpose of this Act is to address violence and threats of violence by:

(1) Assisting organizations in developing threat assessment teams by providing them the opportunity for threat assessment training and help with threat team building;

(2) Enabling threat assessment team members to obtain and share information from different sources needed to assess threats of violence; and

(3) Protecting privacy by ensuring that only vetted threat assessment team members may receive certain sensitive information and that the information may not be used for any purpose beyond what is necessary for a team to assess a threat.

SECTION 2. Chapter 128A, Hawaii Revised Statutes, is amended by designating sections 128A-1 to 128A-5 as part I, entitled "General Provisions".

SECTION 3. Chapter 128A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part .

THREAT ASSESSMENT

§128A-A Definitions. As used in this part:

"Education threat assessment team" means a multidisciplinary group of individuals, authorized by the department of education, state public charter school commission, or University of Hawaii, who work collaboratively to engage in threat assessment at their respective institutions. Members of the team may, but need not, possess professional certifications or licenses needed to conduct assessments in other subject matters.

"Fusion center" means the Hawaii state fusion center of the office of homeland security.

"Threat" means an occurrence, person, entity, or action that has or indicates the potential to:

(1) Cause death or bodily injury; or

(2) Harm information, operations, or property.

In the case of persons, "threat" may include the potential to cause death or bodily injury to self. A threat may, but need not, arise to the level of terroristic threatening.

"Threat assessment" means a standardized process to identify or evaluate occurrences, persons, entities, or actions that may pose a threat.

"Threat assessment team" means a multidisciplinary group of individuals, authorized by an agency, who work collaboratively to engage in threat assessment. Members of the team may, but need not, possess professional certifications or licenses needed to conduct assessments in other subject matters.

§128A-B Threat assessment team program; established. There is established within the fusion center the threat assessment team program, in which the fusion center shall train, establish, and operate threat assessment teams.

§128A-C Threat assessment teams; generally. (a) The fusion center may assist agencies in developing threat assessment teams by:

(1) Providing training in the development and implementation of threat assessment-based protocols;

(2) In consultation with the agencies, providing model guidance for the establishment of threat assessment teams, including procedures for the assessment of individuals whose behavior poses a threat to the agency or the public;

(3) In consultation with the agencies, vetting threat assessment team members for suitability to possess confidential information and information from other agencies;

(4) Identifying and vetting a liaison within an agency to act as a point of contact with the fusion center and between agencies. When a vetted liaison for one agency requests information or assistance from another agency, the fusion center may inform the agency receiving the request that the fusion center has vetted the liaison; and

(5) Analyzing information obtained from threat assessment teams and other data on public safety for the purpose of discerning trends in threats.

(b) Upon a preliminary determination by a threat assessment team that an individual poses a threat of violence to self or others, or exhibits significantly disruptive behavior or need for assistance, the following may provide information to the threat assessment team's vetted liaison:

(1) Health care providers may disclose protected health information to vetted liaisons when health care providers believe the information is necessary to prevent or lessen a serious and imminent threat to a person or the public;

(2) Educational institutions may provide educational records to:

(A) Vetted liaisons who are employees of that institution and are the vetted liaison for one of the institution's threat assessment teams;

(B) Vetted liaisons of other educational institutions if the educational institutions share dual-enrollment of the individual or if the individual transferred or matriculated from one educational institution to the other; or

(C) Vetted liaisons from other agencies who have entered into a written agreement with the educational institution that the other agency is ensuring school safety or in some other way performing an institutional service or function, will protect data and restrict its use for threat assessment purposes, and will be included in the institution's annual notification of federal Family Educational Rights and Privacy Act rights; and

(3) The fusion center may provide criminal history information to a vetted liaison for a threat assessment team authorized by a government agency; provided that when the criminal history information constitutes restricted criminal justice information, the fusion center shall only disseminate the information to threat assessment team members from a criminal justice agency.

(c) No member of a threat assessment team shall redisclose any protected health information, educational records, or criminal history information obtained pursuant to this section or otherwise use any record of an individual beyond the purpose for which the disclosure was made to the threat assessment team.

(d) The fusion center shall adopt rules pursuant to chapter 91 to implement this section.

§128A-D Education threat assessment teams; generally. (a) The fusion center may assist the department of education, state public charter school commission, and University of Hawaii in developing education threat assessment teams by:

(1) Providing training in the development and implementation of education threat assessment-based protocols;

(2) In consultation with the department of education, state public charter school commission, and University of Hawaii, providing model guidance for the establishment of education threat assessment teams, including procedures for the assessment of individuals whose behavior poses a threat to the safety of school staff, students, or self;

(3) Developing a statewide education threat assessment team consisting of representatives of the department of education, state public charter school commission, and University of Hawaii to:

(A) Combine the effort and knowledge needed to develop education threat assessment teams;

(B) Identify and assess threats to educational institutions and individuals who work or learn therein; and

(4) In consultation with the department of education, state public charter school commission, and University of Hawaii, vetting threat assessment team members for suitability to possess confidential information or information from other agencies;

(5) Identifying and vetting a liaison within the department of education, state public charter school commission, and University of Hawaii to serve as a point of contact with the fusion center and between institutions. When a vetted liaison for one institution requests information or assistance from another institution, the fusion center may inform the agency receiving the request that the fusion center has vetted the liaison; and

(6) Analyzing information obtained from threat assessment teams and other data on public safety for the purpose of identifying trends in threats against educational institutions and school safety.

(b) Nothing in this section shall be construed to prohibit the fusion center from providing assistance to private schools, colleges, or universities.

§128A-E Education threat assessment teams; department of education and charter schools. (a) The department of education and state public charter school commission may adopt policies for the establishment of education threat assessment teams, consistent with the model guidance developed in consultation with the fusion center pursuant to section 128A-D.

(b) Education threat assessment teams may be established to serve one or more schools as determined by the department of education or state public charter school commission, as applicable.

(c) Each education threat assessment team shall include persons with training and experience in human resources, teaching, school administration, mental health, disability services, safety and security, emergency preparedness, student support services, Title IX of the federal Education Amendments of 1972, student misconduct and discipline, and searches and seizures.

(d) The department of education and state public charter school commission, in consultation with the fusion center, shall vet education threat assessment team members for suitability to receive protected health information, educational records, and criminal history information.

(e) Each education threat assessment team shall:

(1) Identify members of the school community to whom threatening behavior should be reported; and

(2) Implement policies adopted by the department of education or state public charter school commission, as applicable, pursuant to subsection (a).

(f) Upon a preliminary determination that an occurrence, person, entity, or action poses a threat to a department of education school, a threat assessment team shall immediately report its determination to the safety, security, and emergency preparedness branch of the department of education. Nothing in this subsection shall preclude school personnel from acting immediately to address an imminent threat.

(g) Upon a preliminary determination by the threat assessment team that an individual poses a threat of violence to self or others or exhibits significantly disruptive behavior or need for assistance, a threat assessment team may obtain protected health information, educational records, or criminal history information pursuant to section 128A-C. Only threat assessment team members from a criminal justice agency may receive restricted criminal justice information. No member of a threat assessment team shall redisclose any protected health information, educational records, or criminal history information obtained pursuant to this section or otherwise use any record of an individual beyond the purpose for which the disclosure was made to the threat assessment team.

§128A-F Education threat assessment teams; University of Hawaii. (a) The University of Hawaii may adopt policies for the establishment of education threat assessment teams, consistent with the model guidance developed in consultation with the fusion center pursuant to section 128A-D.

(b) The University of Hawaii may establish education threat assessment teams on individual campuses within the University of Hawaii system.

(c) Each education threat assessment team shall include persons with training and experience in human resources, teaching, school administration, mental health, campus security, emergency preparedness, disability services, student support services, and Title IX of the federal Education Amendments of 1972. The fusion center shall vet education threat assessment team members for suitability to receive protected health information, educational records, or criminal history information.

(d) Each education threat assessment team shall:

(1) Identify members of the school community to whom threatening behavior should be reported; and

(2) Implement policies adopted by the University of Hawaii pursuant to subsection (a).

(e) Upon a preliminary determination by the threat assessment team that an individual poses a threat of violence to self or others, or exhibits significantly disruptive behavior or need for assistance, a threat assessment team may obtain protected health information, educational records, or criminal history information pursuant to section 128A-C. Only threat assessment team members from a criminal justice agency may receive restricted criminal justice information. No member of a threat assessment team shall redisclose any protected health information, educational records, or criminal history information obtained pursuant to this section or otherwise use any record of an individual beyond the purpose for which the disclosure was made to the threat assessment team.

§128A-G Confidentiality. Records held by a government agency's threat assessment team or the fusion center pursuant to this part relating to the assessment of or intervention with a specific individual shall be exempt from disclosure under chapter 92F."

SECTION 4. Section 622-57, Hawaii Revised Statutes, is amended to read as follows:

"§622-57 Availability of medical records. (a) If a patient of a health care provider as defined in section 671‑1, requests copies of the patient's medical records, the copies shall be made available to the patient unless, in the opinion of the health care provider, it would be detrimental to the health of the patient to obtain the records. If the health care provider is of the opinion that release of the records to the patient would be detrimental to the health of the patient, the health care provider shall advise the patient that copies of the records will be made available to the patient's attorney upon presentation of a proper authorization signed by the patient.

(b) If an attorney for a patient asks a health care provider for copies of the patient's medical records and presents a proper authorization from the patient for the release of the information, complete and accurate copies of the records shall be given to the attorney within a reasonable time not to exceed ten working days.

(c) In the case of a deceased person, a personal representative of the deceased person's estate may obtain copies of or may authorize the health care provider to release copies of the deceased person's medical records upon presentation of proper documentation showing the personal representative's authority.

If no personal representative has been appointed, the deceased person's next of kin in order of superseding priority, without court order, may obtain copies of or may authorize the health care provider to release copies of the deceased person's medical records, except as otherwise provided in this subsection and subsections (d) and (e). A deceased person's next of kin possesses superseding priority when all kin ranked higher in the order listed in the definition of "deceased person's next of kin" are deceased or incapacitated. When there are multiple persons at the same level of superseding priority, [~~all such~~] each of those persons shall be entitled to request and obtain the records. The person claiming to be next of kin of a deceased person and requesting the deceased person's medical records shall submit to the medical provider from whom the records are requested, an affidavit attesting to status as next of kin with superseding priority. The medical provider may rely upon the affidavit, and in so doing, shall be immune to any claims relating to release of the medical records.

(d) Notwithstanding applicable state confidentiality laws governing the following types of specially protected health information, a health care provider may honor, in whole or in part, a request by the deceased person's next of kin for release of medical records if the medical records of the deceased person contain references pertaining to any of the following types of specially protected health information:

(1) HIV infection, AIDS, or AIDS-related complex;

(2) Diagnosis or treatment of a mental illness; or

(3) Participation in a substance abuse treatment program.

(e) A health care provider shall refuse a request by the deceased person's next of kin for release of medical records if the deceased person had previously indicated to the medical provider in writing that the person did not wish to have medical records released to next of kin.

(f) Notwithstanding subsections (c) through (e), any medical records of a deceased person may be produced pursuant to a court order specifically compelling release.

(g) Reasonable costs incurred by a health care provider in making copies of medical records shall be borne by the requesting person.

(h) A health care provider may provide records, in whole or in part, in response to a request for records by a vetted liaison of a threat assessment team established pursuant to part of chapter 128A.

[~~(h)~~] (i) For the purposes of this section:

"Deceased person's next of kin" means a person with the following relationship to the deceased person:

(1) The spouse or reciprocal beneficiary;

(2) An adult child;

(3) Either parent;

(4) An adult sibling;

(5) A grandparent; and

(6) A guardian at the time of death.

"Personal representative" shall have the meaning provided in section 560:1-201."

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for the threat assessment team program established by section 3 of this Act.

The sum appropriated shall be expended by the Hawaii state fusion center for the purposes of this Act.

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2050.

HOUSE OF REPRESENTATIVES	H.B. NO.	1415
THIRTY-FIRST LEGISLATURE, 2022		H.D. 2
STATE OF HAWAII