(a) 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 chapter 334, health plans as defined in title 45 C.F.R. § 160.103, and health care clearinghouses as defined in title 45 C.F.R. § 160.103, and directly or indirectly identifying a person who receives services because of a developmental disability shall be kept confidential and shall not be disclosed by any person except as allowed by title Title 45 of the Code of Federal Regulations, Part 164, subpart E.

Terms Used In Hawaii Revised Statutes 333F-8.7

  • Developmental disabilities: means a severe, chronic disability of a person which:

    (1) Is attributable to a mental or physical impairment or combination of mental and physical impairments;

    (2) Is manifested before the person attains age twenty-two;

    (3) Is likely to continue indefinitely;

    (4) Results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic sufficiency; and

    (5) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated. See Hawaii Revised Statutes 333F-1

  • Services: means appropriate assistance provided to a person with a developmental or intellectual disability in the least restrictive, individually appropriate environment to provide for basic living requirements and continuing development of independence or interdependent living skills of the person. See Hawaii Revised Statutes 333F-1
(b) Nothing in this section shall preclude the application of more restrictive rules of confidentiality set forth for records covered by title Title 42 of the Code of Federal Regulations, Part 2, relating to the confidentiality of alcohol and drug abuse patient records, or disclosure deemed necessary under the federal Developmental Disabilities Act of 1984, P.L. 98-527, to protect and advocate for the rights of persons with developmental disabilities who reside in facilities for persons with developmental disabilities.

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