This Hawaii statute requires that all certificates, applications, records, and reports created under Chapter 334 (the state's mental health law) that identify individuals be kept confidential and disclosed only as permitted under HIPAA (45 CFR Part 164, Subpart E). It preserves stricter confidentiality protections for substance use disorder records under 42 CFR Part 2, allows disclosures required by federal protection and advocacy law for persons with mental illness in treatment facilities, and permits disclosure of involuntary civil commitment orders for firearms permitting purposes.
View official source§334-5 Confidentiality of records. All certificates, applications, records, and reports made for the purposes of this chapter that are maintained, used, or disclosed by health care providers as defined in this chapter, health plans as defined in title 45 Code of Federal Regulations section 160.103, and health care clearinghouses as defined in title 45 Code of Federal Regulations section 160.103, and directly or indirectly identifying a person subject hereto shall be kept confidential and shall not be disclosed by any person except as allowed by title 45 Code of Federal Regulations part 164, subpart E. Nothing in this section shall preclude the: (1) Application of more restrictive rules of confidentiality set forth for records covered by title 42 Code of Federal Regulations part 2, relating to the confidentiality of alcohol and drug abuse patient records; (2) Disclosure deemed necessary under the federal Protection and Advocacy for Mentally Ill Individuals Act of 1986, P.L. 99-319, to protect and advocate for the rights of persons with mental illness who reside in facilities providing treatment or care; or (3) Disclosures made by a court or the Hawaii criminal justice data center of orders of involuntary civil commitment issued pursuant to section 334-60.5 for the purpose of firearms permitting or registration pursuant to chapter 134. [L 1967, c 259, pt of §1; HRS §334-5; am L 1973, c 122, §1; gen ch 1985; am L 1987, c 148, §1; am L 1999, c 87, §3; am L Sp 2000 2d, c 1, §1; am L 2001, c 244, §§3, 6; am L 2003, c 204, §8; am L 2004, c 22, §1; am L 2008, c 98, §2; am L 2014, c 87, §3 and c 214, §4] Revision Note Section is a blend of L 2014, c 87, §3 and c 214, §4.