§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 45 C.F.R. § 160.103, and health care clearinghouses as defined in 45 C.F.R. § 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 Title 45 of the 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 Title 42 of the 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 § 334-60.5 for the purpose of firearms permitting or registration pursuant to chapter 134.

Terms Used In Hawaii Revised Statutes 334-5

  • Court: means any duly constituted court and includes proceedings, hearings of per diem judges as authorized by law. See Hawaii Revised Statutes 334-1
  • Patient: means a person under observation, care, or treatment at a psychiatric facility. See Hawaii Revised Statutes 334-1
  • Treatment: means the broad range of emergency, out-patient, intermediate, domiciliary, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation, career counseling, and other special services which may be extended to handicapped persons. See Hawaii Revised Statutes 334-1