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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2434 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ACCESS TO VITAL RECORDS FOR THE DEPARTMENT OF HAWAIIAN HOME LANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"(b) The department of health shall not permit inspection of public health statistics records, or issue a certified copy of any record or part thereof, unless it is satisfied that the applicant has a direct and tangible interest in the record. The following persons or agencies shall be considered to have a direct and tangible interest in a public health statistics record:
(1) The registrant;
(2) The spouse of the registrant;
(3) A parent of the registrant;
(4) A descendant of the registrant;
(5) A person having a common ancestor with the registrant;
(6) A legal guardian of the registrant;
(7) A person or agency acting on behalf of the registrant;
(8) A personal representative or trustee of the registrant's estate or trust;
(9) A person whose right to inspect or obtain a certified copy of the record is established by an order of a court of competent jurisdiction;
(10) Adoptive parents who have filed a petition for adoption and who need to determine the death of one or more of the prospective adopted child's natural or legal parents;
(11) A person who needs to determine the marital status of a former spouse to determine the payment of alimony;
(12) A
person, agency, or a beneficiary of a will or trust who needs to determine the death
of a co-owner of property; [and]
(13) A
person or agency who seeks access to vital statistics records for a public health
purpose, as reviewed by the department of health's institutional review committee
and approved by the director of health[.]; and
(14) The department of Hawaiian home lands for purposes of verifying eligibility for Native Hawaiian beneficiary programs with the permission of the registrant or the descendants of the registrant; provided that the department of health and the department of Hawaiian home lands shall enter into a memorandum of agreement to ensure appropriate handling of records prior to allowing the department of Hawaiian home lands to access the subject records."
SECTION 2. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Vital Records; DOH; DHHL; Memorandum of Agreement
Description:
Authorizes the Department of Hawaiian Home Lands to access vital records for purposes of verifying Native Hawaiian ancestry for beneficiary programs. Requires the Department of Health and the Department of Hawaiian Home Lands to enter into a Memorandum of Agreement to assure appropriate access and handling of confidential records and sealed records that have been unsealed pursuant to court order.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.