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Hawaii Revised Statutes Division 1. Government § 321-31.5

Current as of January 01, 2025 | Updated by Findlaw Staff

<Repeal of section July 30, 2027, by Laws 2024, ch. 90, § 5.>

(a) The director of health may issue public health standing orders authorizing patients who are eighteen years of age or older to receive evidence-based items or services that have in effect a grade of A or B in the current recommendations of the United States Preventive Services Task Force, as defined by section 4106 of the federal Patient Protection and Affordable Care Act, P.L. 111-148, without patient-specific orders from a licensed health care provider.

(b) The director of health shall annually review the items or services that have in effect a grade of A or B as recommended by the United States Preventive Services Task Force and amend public health standing orders as necessary.

(c) The duration of public health standing orders issued pursuant to this section shall remain in effect until repealed by the director of health.

(d) The public health standing orders shall include language informing patients that there may be potential out-of-pocket costs associated with receiving recommended services, including if:

(1) The patient does not have health insurance coverage; or

(2) The patient obtains services from a provider outside of the patient's health insurer's or health plan's provider network.

(e) The director of health shall post public health standing orders on the department of health's website in an easily accessible manner.

(f) The entity providing the items or services pursuant to a public health standing order shall:

(1) Obtain from the patient the patient's health insurer or health plan information and only provide services if:

(A) The provider is a participating, contracted, or in-network provider with the patient's health insurer or health plan; or

(B) The patient consents to any potential out-of-pocket costs;

(2) Obtain from the patient the name of the patient's primary care provider and make a good faith effort to transmit the results of the screening to the primary care provider or other licensed health care provider identified by the patient; and

(3) Contact the patient's health insurer or health plan if the patient does not have or does not know their primary care provider so that the patient's health insurer or health plan can inform the patient of the patient's primary care provider assignment or selection options.

(g) The entity providing the items or services pursuant to a public health standing order shall provide any results to the patient in writing. The results shall:

(1) Be written in plain language;

(2) Clearly indicate if the results are normal, abnormal, or undetermined; and

(3) Provide instructions for follow up with a health care provider, as appropriate.

(h) For purposes of this section “licensed health care provider” means physicians and osteopathic physicians licensed under chapter 453, physician assistants licensed under chapter 453, and advanced practice registered nurses licensed under chapter 457.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 1. Government § 321-31.5 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-1-government/hi-rev-st-sect-321-31-5/

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