Bill Text: HI SB2077 | 2012 | Regular Session | Introduced

Hawaii Senate Bill 2077 (Prior Session Legislation)

HI State Legislature page for SB2077

Introduced

Bill Title: Diabetes Mellitus Registry; Diabetes Task Force

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2012-01-20 - (S) Referred to HTH/JDL, WAM. [SB2077 Detail]

Download: Hawaii-2012-SB2077-Introduced.html

THE SENATE	S.B. NO.	2077
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

Relating to Diabetes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I. DIABETES MELLITUS REGISTRY

SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . DIABETES MELLITUS REGISTRY PROGRAM

§321‑ Definitions. As used in this part, unless the context requires otherwise:

"Department" means the department of health.

"Diabetes mellitus" means a group of diseases characterized by high blood glucose levels that result from defects in the body's ability to produce or use insulin.

"Registry" means a collection of data organized so that the information can be processed and made available for research.

§321‑ Diabetes mellitus registry established. The largest medical center in a county with a population over five hundred thousand shall create and maintain an electronic diabetes mellitus registry to:

(1) Collect information on diabetes mellitus and diabetes mellitus complications;

(2) Report on the incidence, trends of new diagnoses, and causes of diabetes mellitus;

(3) Report information for the development of prevention strategies to reduce the incidence of diabetes mellitus; and

(4) Report on the health care costs associated with diabetes mellitus.

The medical center shall be solely responsible for the costs of administering and establishing the diabetes mellitus registry program

§321‑ Confidentiality of data. (a) The identity of, or any information which alone or in combination with other reasonably available information that may be used to identify, any person whose condition or treatment has been studied under this part shall be confidential.

(b) Statistical data and information that does not specifically identify any individual person may be released.

§321‑ Rules. The department may adopt rules pursuant to chapter 91 that are necessary to effectuate the purposes of this part.

§321‑ Requests for information. The department shall provide information about appropriate health and intervention services to persons who request the information.

§321‑ Report. No later than December 31 of each even-numbered year, the medical center shall submit to the governor, lieutenant governor, president of the senate, speaker of the house of representatives, and appropriate standing committees of the legislature a report regarding the diabetes mellitus registry program."

SECTION 2. Chapter 324, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . DIABETES MELLITUS REGISTRY

§324-A Definitions. As used in this part, unless the context requires otherwise:

"Department" means the department of health.

"Diabetes mellitus" means a group of diseases characterized by high blood glucose levels that result from defects in the body's ability to produce or use insulin.

"Institutional review board" means an institutional review board established in accordance with 7 Code of Federal Regulations 1c.107, 10 Code of Federal Regulations 745.107, 14 Code of Federal Regulations 1230.107, 15 Code of Federal Regulations 27.107, 16 Code of Federal Regulations 1028.107, 21 Code of Federal Regulations 56.107, 22 Code of Federal Regulations 225.107, 28 Code of Federal Regulations 46.107, 32 Code of Federal Regulations 219.107, 34 Code of Federal Regulations 97.107, 38 Code of Federal Regulations 16.107, 40 Code of Federal Regulations 26.107, 45 Code of Federal Regulations 46.107, 45 Code of Federal Regulations 690.107, or 49 Code of Federal Regulations 11.107.

"Registry" means a collection of data organized so that the information can be processed and made available for research.

"Research" means a systematic investigation designed to develop or contribute to general knowledge.

"Researcher" means a person who is conducting research which has been approved or declared exempt by an institutional review board.

§324-B Information collection. (a) Health care facilities and health care providers shall make available to the diabetes mellitus registry program information contained in health care records that pertain to diabetes mellitus.

(b) Any person or public or private health care facility may provide information or other data or relevant material relating to individuals with diabetes mellitus to the diabetes mellitus registry program for inclusion in the diabetes mellitus registry.

(c) No liability of any kind or character for damages or other relief shall arise or be enforced against any person or organization by reason of having provided information or material to the diabetes mellitus registry program.

(d) Except as provided in section 324-C or 324-D, no liability of any kind or character for damages or other relief shall arise or be enforced against the medical center that is required to create and maintain the electronic diabetes mellitus registry, pursuant to part of chapter 321, by reason of any act or omission by the medical center in connection with its administration of the diabetes mellitus registry program.

§324-C Use of collected information. (a) The information collected under this part shall be used by the medical center or researchers only for the purpose of advancing medical and public health research, medical education, or education of the public in the interest of reducing morbidity or mortality, and only as approved by an institutional review board.

(b) The identity of, or any information which alone or in combination with other reasonably available information that may be used to identify, any person whose condition or treatment has been studied under this part shall be confidential.

(c) If the diabetes mellitus registry program or researchers intend to collect additional information directly from a patient or patient's relative for research studies approved by an institutional review board, the researcher shall first obtain approval for the request from the patient's attending physician. The use of the additional information obtained by researchers shall be governed by subsection (a).

§324-D Penalty. Any person who violates this part shall be guilty of a misdemeanor and fined not more than $500.

§324-E Rules. The department may adopt rules pursuant to chapter 91 that are necessary to effectuate the purposes of this part."

PART II. TASK FORCE

SECTION 3. (a) There shall be established within the department of health a task force that shall:

(1) Identify existing barriers to access to health care for people with diabetes in Hawaii;

(2) Identify appropriate measures to remove existing barriers to access to health care for people with diabetes in Hawaii; and

(3) Recommend to the legislature measures to address any issue that the task force determines is feasible to address pursuant to this Act.

(b) The task force shall consist of the following members:

(1) The director of health, or the director's designee, to serve as chair;

(2) The chairperson of the board of directors of the Hawaii Medical Services Association, or the chairperson's designee;

(3) The dean of the University of Hawaii at Manoa John A. Burns School of Medicine, or the dean's designee;

(4) One representative of the community hospitals located in the county of Maui;

(5) One representative of the community hospitals located in the county of Hawaii;

(6) One representative of the community hospitals located in the county of Kauai; and

(7) One representative of the community hospitals located in the City and County of Honolulu.

The members of the task force shall serve without compensation, and all necessary expenses, including travel expenses, shall be paid by the agency, organization, or department to which the member belongs.

(c) The task force shall meet quarterly at a place and time to be determined by the chair of the task force. Meeting notices shall be posted by the task force as required under chapter 92, Hawaii Revised Statutes, and public testimony at meetings shall be accepted by the task force.

(d) The department of health shall provide administrative support, including the recording of minutes, to the task force.

(e) The task force shall cease to exist on June 30, 2015.

(f) No later than twenty days prior to the convening of each regular session of the legislature, the task force shall report its findings and recommendations, including proposed legislation, if any, to the legislature.

PART III. MISCELLANEOUS PROVISIONS

SECTION 4. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 5. This Act shall take effect upon its approval; provided that sections 1 and 2 of this Act shall be repealed on October 31, 2017; provided further that the legislature shall enact legislation based on the results of the biennial reports submitted to the legislature pursuant to section 1 of this Act.

INTRODUCED BY:	_____________________________

Report Title:

Diabetes Mellitus Registry; Diabetes Task Force

Description:

Requires the largest medical center in a county with a population over five hundred thousand to create and maintain an electronic diabetes mellitus registry and to submit biennial reports to the legislature regarding the registry. Creates a task force to identify and recommend measures to remove barriers to health care access for people with diabetes. Repeals registry on October 31, 2017.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.