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The Honolulu Advertiser
Posted on: Monday, May 16, 2005

EDITORIAL
Public will reap benefit of privacy law change

Federal and state medical privacy laws are among those public policies founded on good intentions but destined to produce unwanted consequences.

One of them has been evident in the traffic gridlock that often results following a major collision on our freeways. Police have closed off lanes to allow gathering of evidence, anticipating that a traffic death will compel an investigation into negligent homicide or another serious charge.

They do so because the paramedics' initial examination often classifies the injuries as critical before the ambulance rushes patients to hospitals.

Once there, emergency room physicians frequently upgrade the patients' condition but, because of privacy laws that took effect last year, hospitals can't release that information to police or anyone else. So roads remain closed for longer than necessary, causing some excessive and unwarranted distress for commuters.

Fortunately, Hawai'i lawmakers have recognized the side-effects of the state law and refined the statute so that medical professionals must release to police information on their patients who were involved in motor-vehicle collisions. This was needed to clarify the intent of the federal Health Insurance Portability and Accountability Act where it concerns law-enforcement access to medical information.

This will allow police to do their investigative work and promises a measure of relief for O'ahu motorists, who already endure too many traffic headaches to be burdened with needless delays.