reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-4 Entering lands, buildings, etc.

§322-4 Entering lands, buildings, etc.
Whenever any member of the department of health deems it necessary for the preservation of the lives or health of the public to enter any land, building, vessel, or aircraft for the purpose of examining into, abating, destroying, removing, or preventing any nuisance, source of foul or noxious odors, gases or vapors, water in which mosquito larvae exist, source of filth, or cause of sickness or disease, or other thing detrimental to the public health, and is refused such entry, the member may make complaint to the district judge in whose circuit the nuisance, source, place, or cause is, and the district judge may thereupon issue a warrant, directed to any police officer of the circuit, commanding the police officer to take sufficient aid, and, being accompanied by the member of the department, between the hours of sunrise and sunset, to repair to the place described in the complaint, and to abate, destroy, remove, or prevent, under the directions of the member, the nuisance, source or cause. [PC 1869, c 59, §13; am L 1911, c 111, §4; RL 1925, §927; RL 1935, §1314; RL 1945, §2705; am L 1953, c 32, §2; RL 1955, §47-5; am L Sp 1959 2d, c 1, §19; HRS §322-4; am L 1970, c 188, § §39, 40; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-6 Who to report nuisances.

§322-6 Who to report nuisances.
The sheriff, all officers of police, and physicians shall report to the department of health, or its nearest authorized agent, the existence of any nuisance injurious to the public health, of which any of them may be cognizant, as soon as possible after it comes to their knowledge. Any individual may report to the department of health, or its nearest authorized agent, the existence of any nuisance injurious to the public health as soon as possible after the individual learns of the existence of the nuisance. [PC 1869, c 59, §22; RL 1925, §929; RL 1935, §1316; RL 1945, §2707; RL 1955, §47-7; am L Sp 1959 2d, c 1, §19; am L 1963, c 85, §3; HRS §322-6; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2013, c 269, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-8 Administrative penalties.

§322-8 Administrative penalties.
(a) Any person who violates this part or any rule adopted by the department of health to implement this part shall be fined not more than $10,000 for each separate offense. Any action taken to collect the penalty provided for in this subsection shall be considered a civil action.
(b) The director of health may impose by order the administrative penalty specified in this section. Factors to be considered in imposing the administrative penalty include the nature and history of the violation and of any prior violation, and the opportunity, difficulty, and history of corrective action. It is presumed that the violator's economic and financial conditions allow payment of the penalty and the burden of proof to the contrary is on the violator. For any judicial proceeding to recover the administrative penalty imposed, the director of health need only show that notice was given, a hearing was held, or the time granted for requesting a hearing has expired without such a request, the administrative penalty was imposed, and that the penalty remains unpaid.
(c) In addition to the penalty under subsection (a), the director of health may order the person who has committed the violation to correct the violation at the person's own expense. [L 1983, c 100, pt of §1; am L 1984, c 12, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-9 Injunctive relief.

§322-9 Injunctive relief.
The director of health may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent any violation of this part or any rule adopted to implement this part. The court shall have powers to grant relief in accordance with the Hawaii rules of civil procedure. [L 1983, c 100, pt of §1]
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-21 Insanitary conditions of land to be reported.

§322-21 Insanitary conditions of land to be reported.
Whenever in the opinion of the department of health any tract or parcel of land situate in the State is deleterious to the public health in consequence of being low, and at times covered or partly covered by water, or of being situated between high and low water mark, or of being improperly drained, or incapable by reasonable expenditure of effectual drainage, or for other reason in an insanitary or dangerous condition, the department shall report such fact to the comptroller, together with a brief recommendation of the operation deemed advisable to improve the land. [L 1896, c 61, §1; am L 1911, c 112, §1; RL 1925, §975; RL 1935, §1325; RL 1945, §2716; RL 1955, §47-20; am L Sp 1959 2d, c 1, § §12, 19; HRS §322-21]
Case Notes
This part does not make approval of department or its officers a prerequisite to granting of building permit. 13 H. 239 (1901). Does not contravene 5th or 7th Am. Const. 21 H. 314 (1912). Refers to improved lands as well as unimproved. 22 H. 327 (1914). Lien. 31 H. 446 (1930). Application generally. See 33 H. 199 (1934).
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-22 Maps and plans.

§322-22 Maps and plans.
If the department of health in any case recommends a system of drainage or of filling and drainage, the comptroller shall, upon receipt of the notice, prepare a map of the land so reported upon by the department and to be so drained, or filled and drained, which land shall constitute a drainage district. The map shall show the district to be so drained, or filled and drained, the location and the size of each parcel or lot therein, a list of all known owners and occupants of the lots, the lots or parcels either within or without the drainage district through which rights-of-way for drains or ditches for draining the district are necessary, the amount of land necessary to be taken for the drains or ditches and for the banks thereof, a description of the same, an estimate of the value of the lands so sought to be taken for rights-of-way, and of the damages sustained by any person by reason of the appropriation irrespective of any benefit to be derived by the owners by reason of the construction of the improvements, which estimates shall be made respectively as to each person through whose land the rights-of-way are sought to be appropriated. The map shall also show the extent and location of the proposed drains or ditches, the width, depth, and slope of the sides thereof, an estimate of the total cost of the system of drainage in and for the district, including therein among other things the cost of acquiring the necessary rights-of-way and of making ditches, estimates of the cost, respectively, of the filling of each lot or parcel of land in the district, and the estimate of the cost to be apportioned to and assessed against each lot or parcel of land in the district for the drainage of the lot or parcel, the apportionment to be as hereinafter required.
If the department recommends only that the land be filled, the map shall, so far as practicable, show the present heights of each parcel, the height to be filled to, the approximate amount of fill required for each parcel, and the estimated cost thereof.
The comptroller may embody any of the information herein required in a statement to accompany the appropriate map instead of placing the same upon the map. [L 1915, c 190, §1; RL 1925, §976; RL 1935, §1326; RL 1945, §2717; RL 1955, §47-21; am L Sp 1959 2d, c 1, § §12, 19; HRS §322-22]
Case Notes
Cited: 31 H. 446, 449 (1930).
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-23 Notice to owners to improve.

§322-23 Notice to owners to improve.
The comptroller upon the receipt of the notice shall cause a copy of the same to be served in the manner prescribed in section 322-24 upon the owner or occupant of the land. The comptroller shall also notify each owner or occupant that a detailed statement and map or plan of the proposed improvement is on file in the comptroller's office accessible to the owner or occupant. The comptroller shall at the same time and in the same manner serve notice that, in case of failure to begin work upon the improvements within twenty days, or such further time in special cases as to the comptroller may seem reasonable, and to complete such work within a reasonable time in the notice designated, such work or so much thereof as may remain undone will be done by the State at the cost of the lands benefited thereby. [L 1896, c 61, §2; am L 1911, c 112, §2; am L 1915, c 190, §2; RL 1925, §977; RL 1935, §1327; RL 1945, §2718; RL 1955, §47-22; am L Sp 1959 2d, c 1, §12; HRS §322-23; gen ch 1985]
Case Notes
"Owner" defined, sufficiency of notice. 22 H. 327, 335, 342 (1914).
Lien attaches, when. 31 H. 446 (1930).
Sufficiency of notice, waiver. 33 H. 199 (1934).
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-24 Service of notice.

§322-24 Service of notice.
Service of the notice upon an owner in person, if within the State, or upon the owner's agent if without the State, or upon the occupant of the land if the owner is unknown, or upon the guardian if the owner is a minor or person under guardianship, or by mail or personal delivery to the owner if without the State, shall be deemed good and sufficient service. If the land is unoccupied and the owner or the owner's place of residence is unknown, or if the owner is without the State and the owner's address is unknown and the owner has no known agent within the State, or if the owner is under age or incompetent, having no guardian in the State, the notice shall be published for five consecutive days in some newspaper of general circulation published in the county where the land is situated. The notice in all cases may be general in terms and addressed to all persons whom it may concern. [L 1896, c 61, §3; am L 1911, c 112, §3; RL 1925, §978; RL 1935, §1328; RL 1945, §2719; RL 1955, §47-23; HRS §322-24; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-25 Appeal.

§322-25 Appeal.
During the period of twenty days, or such further time in special cases as is specified in the notice given pursuant to section 322-23, any owner or occupant of land sought to be improved, the owner's or occupant's attorney or agent, may file an appeal from the decision of the department of health condemning the land as deleterious to the public health or from its decision or the order of the comptroller as to the nature and extent of the improvements to be made, including the size, character, and location of any drains or ditches, and within twenty days after written demand by the comptroller on the owner or occupant of any land in a drainage district improved by drainage under this chapter, for the payment of the cost of any such drainage, the owner or occupant, the owner's or occupant's attorney or agent, may file an appeal from the order of the comptroller apportioning the cost of the drainage to be borne by the owner's or occupant's land. All appeals shall be filed with the comptroller, and the comptroller shall transmit them to the circuit court of the circuit wherein the land is situated. [L 1896, c 61, §4; am L 1911, c 112, §4; am L 1915, c 190, §3; RL 1925, §979; RL 1935, §1329; RL 1945, §2720; RL 1955, §47-24; am L Sp 1959 2d, c 1, § §12, 19; HRS §322-25; gen ch 1985]
Case Notes
Effect of appeal not taken. 22 H. 327 (1914).
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-26 Hearing, decision.

§322-26 Hearing, decision.
Upon receiving any appeal from the comptroller, the court shall appoint three disinterested persons who shall sit as a board to hear and determine the appeal in conformity with chapter 91. They shall have power to determine whether or not the land is deleterious to the public health and whether the improvements of the nature designated in the notice are required, and if the improvements are not required, what, if any, improvements are required in order to render the lands sanitary. The board shall also have power upon any appeal to determine the amount to be in conformity with section 322-30, apportioned to and assessed against each lot or parcel for drains or ditches and for the lands acquired therefor and for all other cost, if any, of the drainage system, and whether or not any lands are improperly included in or excluded from the drainage district. The decision of a majority of the board as to the necessity and nature and extent of the improvements and as to the apportionment of the cost of any drainage system shall be final and conclusive upon all parties in interest, unless an appeal is taken as provided in chapter 91. The board shall appoint a time and place for hearing, first giving reasonable notice thereof to the director of health, the comptroller, and the owner or occupant of the land in question. Service of notice shall be as provided in section 322-24. As compensation for their services each member of the board is entitled to receive $5 for each day of actual service. [L 1896, c 61, §5; am L 1911, c 112, §5; am L 1915, c 190, §4; RL1925, §980; RL 1935, §1330; RL 1945, §2721; RL 1955, §47-25; am L 1965, c 96, §30; HRS §322-26]
Rules of Court
Appeal, see HRCP rule 72.
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-27 Plans, etc.

§322-27 Plans, etc.
The comptroller shall transmit to the board with each appeal the appropriate map or plan (or a copy thereof) of the lands to be improved prepared in accordance with the requirements of section 322-22, and shall also transmit to the board with each appeal a statement of the matters and things required by section 322-22 to be noted upon or to accompany the map. [L 1911, c 112, §6; am L 1915, c 190, §5; RL 1925, §981; RL 1935, §1331; RL 1945, §2722; RL 1955, §47-26; am L Sp 1959 2d, c 1, §12; HRS §322-27]
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-28 Entry upon and acquisition of land.

§322-28 Entry upon and acquisition of land.
The comptroller may enter upon all lands on the routes of the proposed drains or ditches for the purpose of examining, surveying, and laying out the route thereof, and upon all lands proposed to be included in any such drainage district for the purpose of determining whether the same or any portion thereof shall be included in the district, and institute and conduct proceedings for the condemnation of all lands declared by the comptroller, when the comptroller's order is not appealed from, or by the board on appeal to be necessary for rights-of-way for the drains or ditches. In acquiring any such lands the method pursued shall be as prescribed in chapter 101; provided that in acquiring by condemnation proceedings any land situated within the drainage district the award of compensation therefor shall be without deduction for any benefits accruing to the remainder of the lot or parcel by reason of the construction of such improvement.
Any lands acquired by condemnation for rights-of-way for drains or ditches shall be paid for out of any funds available for the improvement of any lands under this part. [L 1915, c 190, §6; RL 1925, §982; RL 1935, §1332; RL 1945, §2723; RL 1955, §47-27; am L Sp 1959 2d, c 1, §12; HRS §322-28; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-29 Comptroller to make improvements, when.

§322-29 Comptroller to make improvements, when.
The board shall transmit a copy of its decision to the comptroller and to the other persons affected thereby, so far as practicable, and in case the owner of the land does not within ten days after the receipt of the decision begin work upon the improvements, or in case the work is not completed within such additional time as has been specified as provided in section 322-23, the comptroller may proceed to make or complete the improvement according to the decision of the board. In case no appeal is taken from the decision of the board as above provided, or work is not begun and completed within the times prescribed, the comptroller may proceed to make or complete the improvements. [L 1896, c 61, §6; am L 1911, c 112, §7; RL 1925, §983; RL 1935, §1333; RL 1945, §2724; RL 1955, §47-28; am L Sp 1959 2d, c 1, §12; HRS §322-29]
Case Notes
Owner may object to methods under proper circumstances, and extra cost must be assumed by owner. 22 H. 327 (1914). See 33 H. 199 (1934).
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-30 Cost of improvement; how apportioned.

§322-30 Cost of improvement; how apportioned.
The cost of the improvements made or completed by the comptroller shall be apportioned as follows:
(1) Cost of filling any lot or parcel shall be borne by the lot or parcel;
(2) Cost of any drainage system including the cost of drains or ditches, damages for property taken for the same, and other expenses, if any, shall be apportioned among all the lots or parcels in the drainage district in proportion to their respective areas. [L 1915, c 190, §7; RL 1925, §984; RL 1935, §1334; RL 1945, §2725; RL 1955, §47-29; am L Sp 1959 2d, c 1, §12; HRS §322-30]
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-31 Lien.

§322-31 Lien.
The cost of the improvements made or completed by the comptroller as determined and apportioned pursuant to the provisions of this part shall constitute a lien upon the land improved, which lien shall have priority over all other liens. [L 1896, c 61, §7; am L 1911, c 112, §8; am L 1915, c 190, §8; RL 1925, §985; RL 1935, §1335; RL 1945, §2726; RL 1955, §47-30; am L Sp 1959 2d, c 1, §12; HRS §322-31]
Case Notes
Lien attaches to interest of person who as owner is in control of land. 22 H. 327 (1914).
Cited: 31 H. 446, 449 (1930).
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-32 Notice and recording of lien.

§322-32 Notice and recording of lien.
Whenever work or improvement is done or completed by the comptroller, the comptroller shall record in the office of the registrar of conveyances a notice of the cost of the work so done or completed and a brief description of the land on which the same is a charge, together with the name of the last known owner, and shall also serve a copy of the notice upon such owner in the manner provided in section 322-24. [L 1896, c 61, §8; am L 1911, c 112, §9; RL 1925, §986; RL 1935, §1336; RL 1945, §2727; RL 1955, §47-31; am L Sp 1959 2d, c 1, §12; HRS §322-32; gen ch 1985]
Case Notes
Cited: 31 H. 446, 449 (1930).
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-33 Foreclosure.

§322-33 Foreclosure.
The lien may be foreclosed at any time after six months and within five years from the date of the recording required by section 322-32 by suit in equity or without suit by public sale by the comptroller in the name of the State. Foreclosure by public sale shall be preceded by the publication of a notice, setting forth the time and place of the sale, the amount of the lien, and a brief description of the land, for at least six times, in a weekly paper published in the county where the land is situated. The land shall be offered for sale at public auction at an upset price equal to the amount of the lien, and the cost of all advertising and other costs incurred, and if no higher price is bid, shall be declared sold to the State, which in such case shall be deemed to be the purchaser at the upset price. The sale shall be effectual to convey the title to the purchaser, and a conveyance of the land to the purchaser may be executed in the name of the State by the comptroller. Only the balance of the purchase price, after deducting the amount of the lien and costs, or, in case there is no balance or an insufficient balance, only an amount equal to the value of the land as last previously assessed for taxation, shall be subject to claims against the State. In case the State is the purchaser, the amount of the assessed value shall be payable out of any funds provided therefor, and the land may be sold at any time thereafter at public auction, after due notice, at an upset price equal to the value of the land as determined by one or more, but not more than three disinterested appraisers appointed by the comptroller, and the proceeds of the sale turned into the fund provided therefor. In case of uncertainty as to the person to whom the balance or assessed value should be paid or its apportionment among two or more persons, it may be deposited in the circuit court for the benefit of whom it may concern. [L 1896, c 61, §9; am L 1911, c 112, §10; am L 1915, c 149, §1; RL 1925, §987; RL 1935, §1337; RL 1945, §2728; am L 1953, c 210, §1; RL 1955, §47-32; am L Sp 1959 2d, c 1, §12; HRS §322-33]
Rules of Court
As to one form of action, see HRCP rules 1, 2, 81(i).
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-34 Payment presumed when.

§322-34 Payment presumed when.
All such liens shall be presumed to have been satisfied at the expiration of six years from the date of record. [L 1896, c 61, §10; am L 1915, c 149, §2; RL 1925, §988; RL 1935, §1338; RL 1945, §2729; RL 1955, §47-33; HRS §322-34]
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-35 Amount paid owner.

§322-35 Amount paid owner.
Whenever property is improved under this part and the comptroller sells the property so improved to satisfy the lien established in consequence of the improvement, the owner shall be paid out of the proceeds of the sale an amount not less than the assessed value of the property before its improvement. [L 1911, c 29, §2; RL 1925, §991; RL 1935, §1339; RL 1945, §2730; RL 1955, §47-34; am L Sp 1959 2d, c 1, §12; HRS §322-35]
2023 Hawaii Revised Statutes › Title 19. Health › 322H. Hawaii Health Authority › 322H-1 Hawaii health authority; establishment.

§322H-1 Hawaii health authority; establishment.
(a) There is established within the department of budget and finance for administrative purposes the Hawaii health authority. The authority shall be an autonomous public body corporate and politic and an instrumentality of the State.
(b) The authority shall be composed of nine members appointed by the governor as provided in section 26-34; provided that three members shall be appointed from a list of nominees submitted by the speaker of the house of representatives and three members shall be appointed from a list of nominees submitted by the president of the senate. All members shall be appointed for terms of four years each.
(c) One member shall be selected to be the executive director and confirmed by a majority vote of a quorum of the members of the Hawaii health authority.
(d) Each member shall hold office until the member's successor is appointed and qualified.
(e) Five members shall constitute a quorum, whose affirmative vote shall be necessary for all valid actions by the authority. [L Sp 2009, c 11, pt of §2]
Attorney General Opinions
Subsection (d) is constitutional, with regard to the use of the phrase "appointed and qualified" to describe when a successor's appointment terminates a holdover member's position. Att. Gen. Op. 16-3.
2023 Hawaii Revised Statutes › Title 19. Health › 322H. Hawaii Health Authority › 322H-2 Hawaii health authority; duties and responsibilities.

§322H-2 Hawaii health authority; duties and responsibilities.
(a) The authority shall be responsible for overall health planning for the State and shall be responsible for determining future capacity needs for health providers, facilities, equipment, and support services providers.
(b) The authority shall develop a comprehensive health plan that includes:
(1) Establishment of eligibility for inclusion in a health plan for all individuals;
(2) Determination of all reimbursable services to be paid by the authority;
(3) Determination of all approved providers of services in a health plan for all individuals;
(4) Evaluation of health care and cost effectiveness of all aspects of a health plan for all individuals; and
(5) Establishment of a budget for a health plan for all individuals in the State.
(c) The authority shall determine the waivers that are necessary and available by federal law, rule, or regulation necessary to implement and maintain this chapter.
(d) The authority shall adopt rules pursuant to chapter 91 necessary for the purposes of this chapter.
(e) The authority shall submit a comprehensive health plan for all individuals in the State, including its findings and recommendations, to the legislature no later than twenty days prior to the convening of the regular session of 2012. [L Sp 2009, c 11, pt of §2; am L 2011, c 8, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 323. Hospitals and Medical Facilities › 323-1 to 323-7.8 REPEALED. §323-1 Contracts with territories and possessions of the United States.

§ §323-1 to 323-7.8 REPEALED.
L 1989, c 327, §11.
PART I. GENERAL PROVISIONS
§323-1 Contracts with territories and possessions of the United States.
The governor is authorized to enter into and execute contracts in the name of the State with territories, possessions, and other areas in the Pacific Ocean region that are under the jurisdiction of the United States, regarding the use of health and public or private correctional facilities of the State on a space available basis; provided that any such contract shall provide for the payment of costs to the State. [L 1989, c 327, §10; am L 1998, c 227, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 323. Hospitals and Medical Facilities › 323-2 Hospital visitation policy and extension of authority to reciprocal beneficiaries.

§323-2
Hospital visitation policy and extension of authority to reciprocal beneficiaries.
A reciprocal beneficiary, as defined in chapter 572C, of a patient shall have the same rights as a spouse with respect to visitation and making health care decisions for the patient. [L 1997, c 383, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 323. Hospitals and Medical Facilities › 323-3 Practice by advanced practice registered nurses.

§323-3 Practice by advanced practice registered nurses.
Each hospital in the State licensed under section 321-14.5 shall allow advanced practice registered nurses licensed pursuant to section 457-8.5 and qualified advanced practice registered nurses granted prescriptive authority pursuant to section 457-8.6 to practice at the hospital within the full scope of practice authorized under chapter 457, including practice as a primary care provider. [L 2011, c 110, §1; am L 2015, c 35, §41]
2023 Hawaii Revised Statutes › Title 19. Health › 323. Hospitals and Medical Facilities › 323-51 Animal therapy.

§323-51 Animal therapy.
Animals of the kind commonly kept as household pets may be brought into long term health care facilities for the purpose of visiting patients therein. The institution shall determine whether an animal is suitable for visitation, the location where the visit may take place, and the policies governing the visit. At the discretion of the institution, the animal owner may be required to produce written documentation from a veterinarian attesting to the animal's good health, before visitation is permitted. [L 1985, c 290, §2]
Law Journals and Reviews
Hounds at the Hospital, Cats at the Clinic: Challenges Associated with Service Animals and Animal-Assisted Interventions in Healthcare Facilities. 40 UH L. Rev. 53 (2018)
2023 Hawaii Revised Statutes › Title 19. Health › 323. Hospitals and Medical Facilities › 323-61 to 323-75 REPEALED.

§ §323-61 to 323-75 REPEALED.
L 1996, c 262, §19.
Note
L 1998, c 2, §85 purports to amend §323-70.
Cross References
Hawaii health systems corporation, see chapter 323F.
2023 Hawaii Revised Statutes › Title 19. Health › 323B. Health Care Privacy Harmonization Act › 323B-2 Definitions.

§323B-2 Definitions.
As used in this chapter:
"Breach" has the same meaning as in 45 Code of Federal Regulations section 164.402, as may be amended.
"Business associate" has the same meaning as in 45 Code of Federal Regulations section 160.103, as may be amended.
"Covered entity" has the same meaning as in 45 Code of Federal Regulations section 160.103, as may be amended.
"De-identified protected health information" has the same meaning as in title 45 Code of Federal Regulations section 164.514(a), as may be amended.
"Disclosure" has the same meaning as in 45 Code of Federal Regulations section 160.103, as may be amended.
"Health information" has the same meaning as in 45 Code of Federal Regulations section 160.103, as may be amended.
"Individually identifiable health information" has the same meaning as in 45 Code of Federal Regulations section 160.103, as may be amended.
"Unsecured protected health information" has the same meaning as in 45 Code of Federal Regulations section 164.402, as may be amended.
"Use" has the same meaning as in 45 Code of Federal Regulations section 160.103, as may be amended. [L 2012, c 315, pt of §2; am L 2017, c 157, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 323B. Health Care Privacy Harmonization Act › 323B-3 Privacy of individually identifiable health information.

§323B-3 Privacy of individually identifiable health information.
(a)
Notwithstanding any law to the contrary, any use or disclosure of individually identifiable health information by any covered entity or business associate that is permitted by 45 Code of Federal Regulations part 164, subpart E, shall be deemed to comply with all state laws relating to the use, disclosure, or confidentiality of such information.
(b) Notwithstanding any law to the contrary, an authorization for release of individually identifiable health information that complies with 45 Code of Federal Regulations section 164.508 shall be deemed to comply with all state laws relating to individual authorization.
(c) Notwithstanding any law to the contrary, any notice of breach of unsecured protected health information that complies with 45 Code of Federal Regulations part 164, subpart D, shall be deemed to comply with all state laws relating to notice of breach of protected health information. [L 2012, c 315, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 323B. Health Care Privacy Harmonization Act › 323B-4 Relationship to other laws.

§323B-4 Relationship to other laws.
Nothing in this chapter shall be construed to:
(1) Authorize the disclosure of individually identifiable health information to the extent that disclosure is restricted by federal law or regulations, including federal regulations about the confidentiality of information about drugs and alcohol, as set forth in 42 Code of Federal Regulations part 2;
(2) Compel the disclosure of individually identifiable health information that is not required by law to be disclosed;
(3) Require a written authorization for release of individually identifiable health information or de-identified information to the extent that the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations, as may be amended, does not require such authorization;
(4) Limit or otherwise affect any state law that:
(A) Requires persons or entities to report disease, injury, child abuse, elder abuse, domestic violence, birth, or death; or
(B) Governs public health surveillance, investigation, or intervention;
(5) Limit or otherwise affect health plan reporting, including reporting required for purposes of state management or financial audits; or
(6) Limit or otherwise affect any evidentiary privilege, limitation on discovery, or confidentiality protection provided by any state law, decision, or order in relation to individually identifiable health information sought, used, or produced in any judicial or administrative proceeding. [L 2012, c 315, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 323B. Health Care Privacy Harmonization Act › 323B-5 Disclosure, use, and production of de-identified protected health information.

§323B-5 Disclosure, use, and production of de-identified protected health information.
(a) Provided that individually identifiable protected health information has been de-identified pursuant to title 45 Code of Federal Regulations part 164, as may be amended, the State shall have a compelling interest in the public and private disclosure, use, and production of the de-identified protected health information for the purposes of medical or economic research, protecting patient or public safety, ensuring proper operation of facilities providing medical care, and health care operations as defined in title 45 Code of Federal Regulations part 164, as may be amended.
(b) Public and private uses of de-identified protected health information in which the State shall have a compelling interest include but are not limited to:
(1) De-identified protected health information from state agencies, hospitals, medical and health care facilities, health care providers, and providers of health insurance relating to:
(A) Medical or economic research; and
(B) Public safety;
(2) De-identified protected health information from state agencies, pharmacies, hospitals, medical and health care facilities, health care providers, and providers of health insurance relating to patient protection and public safety involving unfair or deceptive acts or practices, restraints of trade, and price-fixing in violation of chapter 480; and
(3) De-identified protected health information from state agencies, hospitals, medical and health care facilities, and health care providers relating to the proper operation of medical and health care facilities that includes:
(A) Quality assessment and improvement activities;
(B) Patient protection and safety activities;
(C) Population based activities relating to improving health or reducing health care costs;
(D) Fraud and abuse detection and compliance; and
(E) Employment actions. [L 2017, c 157, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 323C. Privacy of Health Care Information--Repealed

REPEALED.
L 2001, c 244, § §1 to 6.
Note
This chapter, enacted by L 1999, c 87 and amended by L 2000, c 91, §2, c 127, §3 and c 140, and made effective July 1, 2001 by L Sp 2000 2d, c 1 was repealed by L 2001, c 244 on June 30, 2001.
2023 Hawaii Revised Statutes › Title 19. Health › 323D. Health Planning and Resources Development and Health Care Cost Control › 323D-1 Purpose.

§323D-1 Purpose.
The purpose of this chapter is to establish a health planning and resources development program to promote accessibility for all the people of the State to quality health care services at reasonable cost. [L 1975, c 159, pt of §2; ree L 1977, c 178, pt of §2; am L 1987, c 270, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 323D. Health Planning and Resources Development and Health Care Cost Control › 323D-11 State health planning and development agency.

§323D-11 State health planning and development agency.
There is established within the department of health for administrative purposes only, the state health planning and development agency. The state agency shall be headed by an administrator who shall be appointed by the governor subject to section 26-34. The state agency shall administer the state health planning and cost containment activities as required by law. [L 1975, c 159, pt of §2; ree L 1977, c 178, pt of §2; am L 1978, c 129, §2; am L 1980, c 75, §2; am L 1984, c 267, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 323D. Health Planning and Resources Development and Health Care Cost Control › 323D-12.6 State health planning and development special fund; created; deposits; expenditures; fees.

§323D-12.6 State health planning and development special fund; created; deposits; expenditures; fees.
(a) There is established within the state treasury, to be administered by the state health planning and development agency, the state health planning and development special fund into which shall be deposited all moneys collected under chapter 323D.
(b) Moneys in the special fund shall be expended by the state health planning and development agency to assist in offsetting program expenses of the agency.
(c) The agency shall adopt rules in accordance with chapter 91 to establish reasonable fees for the purposes of this chapter. [L 1999, c 120, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 323D. Health Planning and Resources Development and Health Care Cost Control › 323D-13 Statewide health coordinating council.

§323D-13 Statewide health coordinating council.
(a) There is established a statewide health coordinating council which shall be advisory to the state agency and the membership of which as appointed by the governor shall not exceed twenty members.
(b) The members of the statewide council shall be appointed by the governor in accordance with section 26-34, provided that a nonvoting, ex officio member who is the representative of the Department of Veterans Affairs shall be designated by the Department of Veterans Affairs. The membership of the statewide council shall be broadly representative of the age, sex, ethnic, income, and other groups that make up the population of the State and shall include representation from the subarea councils, business, labor, and health care providers. A majority but not more than eleven of the members shall be consumers of health care who are not also providers of health care.
(c) The statewide council shall select a chairperson from among its members. The members of the statewide council shall not be compensated but shall be reimbursed for necessary expenses incurred in the performance of their duties.
(d) The number of members necessary to constitute a quorum to do business shall consist of a majority of all members who have accepted nomination to the council, and have been confirmed and qualified as members of the council. When a quorum is in attendance, the concurrence of a majority of the members in attendance shall make any action of the council valid.
(e) No member of the statewide council shall, in the exercise of any function of the statewide council described in section 323D-14(3), vote on any matter before the statewide council respecting any individual or entity with which the member has or, within the twelve months preceding the vote, had any substantial ownership, employment, medical staff, fiduciary, contractual, creditor, or consultative relationship. The statewide council shall require each of its members who has or has had such a relationship with an individual or entity involved in any matter before the statewide council to make a written disclosure of the relationship before any action is taken by the statewide council with respect to the matter in the exercise of any function described in section 323D-14 and to make the relationship public in any meeting in which the action is to be taken. [L 1975, c 159, pt of §2; am L 1976, c 152, §4; am L 1977, c 178, pt of §2; am L 1978, c 129, §3; am L 1980, c 75, §4; am L 1984, c 267, §5; am L 2017, c 12, §1]
Revision Note
In subsection (e), section "323D-14(3)" substituted for "323D-14(5)".
2023 Hawaii Revised Statutes › Title 19. Health › 323D. Health Planning and Resources Development and Health Care Cost Control › 323D-13.5 Disqualification from position or membership.

§323D-13.5 Disqualification from position or membership.
The chairpersons of the statewide council, the subarea health planning councils and the review panel, shall not be employed by or married to health care providers. [L 1987, c 270, §10; gen ch 1992]
2023 Hawaii Revised Statutes › Title 19. Health › 323D. Health Planning and Resources Development and Health Care Cost Control › 323D-14 Functions; statewide health coordinating council.

§323D-14 Functions; statewide health coordinating council.
The statewide council shall:
(1) Prepare and revise as necessary the state health services and facilities plan;
(2) Advise the state agency on actions under section 323D-12;
(3) Appoint the review panel pursuant to section 323D-42; and
(4) Review and comment upon the following actions by the state agency before such actions are made final:
(A) The making of findings as to applications for certificate of need; and
(B) The making of findings as to the appropriateness of those institutional and noninstitutional health services offered in the State. [L 1975, c 159, pt of §2; am L 1977, c 178, pt of §2; am L 1980, c 75, §5; am L 1982, c 245, §5; am L 1984, c 267, §6; am L 1987, c 270, §6; am L 1997, c 336, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 323D. Health Planning and Resources Development and Health Care Cost Control › 323D-15 State health services and facilities plan.

§323D-15 State health services and facilities plan.
There shall be a state health services and facilities plan which shall address the health care needs of the State, including inpatient care, health care facilities, and special needs. The plan shall depict the most economical and efficient system of care commensurate with adequate quality of care, and shall include standards for utilization of health care facilities and major medical equipment. The plan shall provide for the reduction or elimination of underutilized, redundant, or inappropriate health care facilities and health care services. [L 1975, c 159, pt of §2; am L 1977, c 178, pt of §2; am L 1980, c 75, §6; am L 1982, c 245, §5; am L 1984, c 267, §7]
2023 Hawaii Revised Statutes › Title 19. Health › 323D. Health Planning and Resources Development and Health Care Cost Control › 323D-17 Public hearings required.

§323D-17 Public hearings required.
In the preparation of the state health services and facilities plan or amendments to the state health services and facilities plan, the state agency and the statewide council shall conduct a public hearing on the proposed plan or the amendments and shall comply with the provisions for notice of public hearings in chapters 91 and 92. [L 1975, c 159, pt of §2; ren and am L 1977, c 178, pt of §2; am L 1980, c 75, §7; am L 1982, c 245, §5; am L 1987, c 270, §7]
2023 Hawaii Revised Statutes › Title 19. Health › 323D. Health Planning and Resources Development and Health Care Cost Control › 323D-18 Information required of providers.

§323D-18 Information required of providers.
Providers of health care doing business in the State shall submit such statistical and other reports of information related to health and health care as the state agency finds necessary to the performance of its functions. The information deemed necessary includes but is not limited to:
(1) Information regarding changes in the class of usage of the bed complement of a health care facility under section 323D-54(9);
(2) Implementation of services under section 323D-54;
(3) Projects that are wholly dedicated to meeting the State's obligations under court orders, including consent decrees, under section 323D-54(10);
(4) Replacement of existing equipment with an updated equivalent under section 323D-54(11);
(5) Primary care clinics under the expenditure thresholds under section 323D-54(12); and
(6) Equipment and services related to that equipment, that are primarily intended for research purposes as opposed to usual and customary diagnostic and therapeutic care. [L 1977, c 178, pt of §2; am L 1997, c 336, §6]
2023 Hawaii Revised Statutes › Title 19. Health › 323D. Health Planning and Resources Development and Health Care Cost Control › 323D-18.6 Confidentiality of information.

§323D-18.6 Confidentiality of information.
The state agency may adopt rules in accordance with chapter 91 to provide that information submitted to the state agency by providers of health care and health care insurance concerning recipients of health care or health care insurance, or both, shall be confidential. [L 1987, c 270, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 323D. Health Planning and Resources Development and Health Care Cost Control › 323D-21 Subarea health planning councils, established.

§323D-21 Subarea health planning councils, established.
There are established, subarea health planning councils for geographical areas which shall be designated by the state agency in consultation with the statewide council. Each county shall have at least one subarea health planning council. The subarea health planning councils shall be placed within the state agency for administrative purposes. [L 1977, c 178, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 323D. Health Planning and Resources Development and Health Care Cost Control › 323D-22 Subarea health planning councils, functions, quorum and number of members necessary to take valid action.

§323D-22 Subarea health planning councils, functions, quorum and number of members necessary to take valid action.
(a) Each subarea health planning council shall review, seek public input, and make recommendations relating to health planning for the geographical subarea it serves. In addition, the subarea health planning councils shall:
(1) Identify and recommend to the state agency and the council the data needs and special concerns of the respective subareas with respect to the preparation of the state plan.
(2) Provide specific recommendations to the state agency and the council regarding the highest priorities for health services and resources development.
(3) Review the state health services and facilities plan as it relates to the respective subareas and make recommendations to the state agency and the council.
(4) Advise the state agency in the administration of the certificate of need program for their respective subareas.
(5) Advise the state agency on the cost of reimbursable expenses incurred in the performance of their functions for inclusion in the state agency budget.
(6) Advise the state agency in the performance of its specific functions.
(7) Perform other such functions as agreed upon by the state agency and the respective subarea councils.
(8) Each subarea health planning council shall recommend for gubernatorial appointment at least one person from its membership to be on the statewide council.
(b) The number of members necessary to constitute a quorum to do business shall consist of a majority of all the members who have accepted nomination to the council, and have been confirmed and qualified as members of the council. When a quorum is in attendance, the concurrence of a majority of the members in attendance shall make any action of the council valid. [L 1977, c 178, pt of §2; am L 1978, c 129, §4; am L 1980, c 75, §8; am L 1982, c 245, §5; am L 1987, c 270, §8; am L 1997, c 336, §7]
2023 Hawaii Revised Statutes › Title 19. Health › 323D. Health Planning and Resources Development and Health Care Cost Control › 323D-23 OLD REPEALED. §323D-23 Subarea health planning councils, composition, appointment.

§323D-23 OLD REPEALED.
L 1977, c 178, §3.
§323D-23 Subarea health planning councils, composition, appointment.
Members of subarea health planning councils shall be appointed by the governor, subject to section 26-34. Nominations for appointment shall be solicited from health-related and other interested organizations, and agencies, including health planning councils, providers of health care within the appropriate subarea, and other interested persons. The members of the subarea health planning councils shall not be compensated for their services but shall be reimbursed for reasonable expenses necessary to the performance of their function. [L 1977, c 178, pt of §2; am L 1980, c 75, §9; am L 1987, c 270, §9]
Cross References
Disqualification from position or membership, see §323D-13.5.
2023 Hawaii Revised Statutes › Title 19. Health › 323D. Health Planning and Resources Development and Health Care Cost Control › 323D-42 Review panel.

§323D-42 Review panel.
There is established a review panel for the purposes of reviewing applications for certificates of need. The review panel shall be appointed by the statewide council. The review panel shall include at least one member from each county and a majority of the members shall be consumers. Membership on the statewide council shall not preclude membership on the review panel established in this section. [L 1975, c 159, pt of §2; am L 1977, c 178, pt of §2]