HIPAA - Hawaii

Summary of differences between federal and state regulations

Federal HIPAA portability provisions limit exclusions for preexisting conditions; prohibit discrimination against employees and dependents based on their health status; and allow a special opportunity to enroll in a new plan to individuals in certain circumstances.

States are allowed to go beyond the federal requirements. Hawaii has more than 50 different laws and rules that govern health care privacy.

To make matters clearer, in July 2012, the Hawaii legislature passed a law ensuring that covered entities and their business associates subject to HIPAA, who use or disclose health information in a manner permitted by and consistent with HIPAA’s privacy rules shall be deemed to be acting in compliance with state privacy laws and regulations.

The state law does not affect any state laws that require individuals or entities to report disease, injury, child abuse, elder abuse, domestic violence, birth, or death. It also does not affect health plan reporting obligations.

The law went into effect on July 10, 2012.

State

Contact

Hawaii Department of Commerce and Consumer Affairs, Division of Insurance

Regulations

Haw. Rev. Stat. §431:2-201.5 (c)

HB 1957

Federal

Contact

Centers for Medicare & Medicaid Services

Regulations

45 CFR Parts 160 - 164

29 CFR 2590.701-1 et seq.

29 USC chapter 18, §1181