Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 601 - CONFIDENTIALITY
Section 17-601-3.01 - Restrictions against disclosure of information relating to HIV/AIDS
Universal Citation: HI Admin Rules 17-601-3.01
Current through February, 2024
(a) This section does not apply to individuals receiving social services under chapter 17-920.1.
(b) In accordance with section 325-101, HRS, all records including all communication, or specific medical or epidemiological information contained therein, which identify any individual who has or has been tested for HIV/AIDS, shall be released:
(1) Only with the prior written consent of
the person or persons to whom the records pertain:
(A) When individuals or agencies other than
applicants, recipients, or legal guardians of applicants or recipients wish to
obtain information, or to review a DHS-BESSD record, the requesting party shall
submit an authorization, signed and dated by the applicant, recipient, or legal
guardian of the applicant or recipient specifying:
(i) The name of the individual or agency
authorized to receive the information or to review the record, and the
individual's agency connection, if any;
(ii) The specific information the DHS-BESSD
is authorized to release and the purpose for which the information is being
sought;
(iii) The applicant or
recipient's social security number or birth date, and address; and
(iv) The expiration date, or expiration event
that relates to the applicant or recipient or the purpose of the authorization,
and also specifying that if no expiration date or expiration event is specified
the authorization shall expire one year from the date the authorization is
signed;
(B) Reproduced
copies of information requested shall be provided at a cost related to the cost
of reproduction. When the information is required for the purpose of presenting
the applicant's or recipient's fair hearing appeal, there shall be no charge.
In either case, actual postage cost shall be charged.
(2) Pursuant to a court order, after an in
camera review of the records, upon a showing of good cause by the party seeking
the release of records.
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