Can I collect health information from participants in Hawaii? What are the requirements?

Collecting Health Information from Participants in Hawaii

To collect health information from participants in Hawaii, you must comply with the Health Insurance Portability and Accountability Act (HIPAA) ^[3.1](HIPAA). HIPAA requires covered entities to protect the privacy and security of individuals’ protected health information (PHI). Additionally, mandatory reporters or their designees must regularly submit health care claims data to the agency or the agency’s designee ^[3.2].

If you are a health care facility in Hawaii that is certified by the Centers for Medicare and Medicaid Services, you must report information about health care-associated infections to the Centers for Disease Control and Prevention’s national healthcare safety network ^[4.1].

Regarding informed consent for testing or disclosure, a health care provider may subject a person’s body fluids or tissue to a test for the presence of human immunodeficiency virus infection after receiving the person’s express oral consent to the test ^[4.2].

In addition to the above requirements, providers of health insurance doing business in Hawaii may submit administrative data to the state agency or its designee, upon request of the state agency, for the purposes of performing its functions ^[2.1]. Administrative rules shall also include provisions relating to data governance, data submission, use and sharing, information security, privacy protection, reporting, and any other matter necessary for the state agency to perform its functions under this section ^[2.1].

In summary, to collect health information from participants in Hawaii, you must comply with HIPAA and submit health care claims data to the agency or the agency’s designee. Additionally, if you are a health care facility certified by the Centers for Medicare and Medicaid Services, you must report information about health care-associated infections to the Centers for Disease Control and Prevention’s national healthcare safety network. Finally, you must obtain informed consent for testing or disclosure. Providers of health insurance doing business in Hawaii may also submit administrative data to the state agency or its designee, upon request of the state agency, for the purposes of performing its functions.

^[2.1]: HIRS 323D-18.5

^[3.2]: Mandatory Reporting ^[4.1]: Centers for Disease Control and Prevention’s National Healthcare Safety Network ^[4.2]: Hawaii Revised Statutes §325-16

Source(s):

• [2.1] Access to health and dental insurance data; mandatory reporting for certain insurers; uses; confidentiality.
• [3.1] Health Insurance Portability and Accountability Act
• [3.2] Data submission requirements for mandatory-reporters
• [4.1] Health care-associated infection reporting.
• [4.2] Informed consent for testing or disclosure.

Jurisdiction

Hawaii

• Privacy