§325-20 Agreements; collaborative assistance in control of disease outbreaks. (a) The director may enter into agreements for collaborative assistance with licensed health care facilities and health care providers in the State to control an epidemic of a dangerous disease, which requires more physical facilities, materials, or personnel than the department has available.
(b) Whenever used in this section, unless a different meaning clearly appears from the context:
"Dangerous disease" means any illness or health condition that might pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability.
"Department" means the department of health.
"Director" means the director of health.
"Epidemic" means the occurrence of cases of an illness clearly in excess of normal expectancy, as determined by the director.
"Health care facility" means a facility as defined in section 323D-2.
"Health care provider" means a provider as defined in section 323D-2.
(c) Under collaborative agreements, health care facilities or health care providers shall provide prophylactic and treatment services for the epidemic disease in collaboration with and under the general direction of the department and shall seek reimbursement from the individuals who receive medical care, the parties responsible for their care, or their health plans. Persons having health plan benefits shall be responsible for any copayments to the facilities or health care providers.
(d) The agreements may provide that the department shall use reasonable efforts to seek legislative appropriations to reimburse health care facilities and health care providers for the use of physical facilities, professional services, and materials provided to persons without health plan coverage.
(e) Except in cases of wilful misconduct, the following persons shall not be liable for the death of or injury to any person who is provided care pursuant to this section or for damage to property when resulting from any act or omission in the performance of such services:
(1) The State or any political subdivision;
(2) A health care facility or health care provider acting at the direction of the department under an agreement as provided in this section; and
(3) Persons engaged in disease prevention and control functions pursuant to this section or sections 325-8 and 325-9, including volunteers whose services are accepted by any authorized person. [L 2002, c 169, §2]
Structure Hawaii Revised Statutes
325. Infectious and Communicable Diseases
325-1 Diseases or conditions declared communicable or dangerous to public health.
325-2 Physicians, laboratory directors, and health care professionals to report.
325-2.5 Health care-associated infection reporting.
325-4 Identity of patients safeguarded.
325-5 Antitoxins, antiserums, vaccines, biologics, and drugs.
325-8 Infected persons and quarantine.
325-12 Common drinking cup prohibited.
325-16 Informed consent for testing or disclosure.
325-17 Quality assurance standards for HIV antibody testing.
325-18 Advisory committees for health care workers infected with blood-borne infections.
325-19 Rubella testing of pregnant women.
325-20 Agreements; collaborative assistance in control of disease outbreaks.
325-21 Sale of sterile syringes for the prevention of disease.
325-32 Immunization against infectious diseases.
325-33 Performance of vaccination and immunization.
325-36 Duty of adult, or of parent, guardian, or caregiver.
325-37 Fraud; wilful misrepresentation; failure to comply; penalties.
325-38 Immunization of indigent, medically indigent, and other persons.
325-51 Blood samples of pregnant women required.
325-52 Serologic tests; reports.
325-53 Reports of blood tests.
325-54 Reports confidential; penalty.
325-71 Reports by physicians and others.
325-73 Protection of record; penalty.
325-74 Physicians; precautions; instructions.
325-75 Reporting recovery of patient.
325-76 Examinations for tuberculosis.
325-78 Test and treatment for tuberculosis.
325-91 Blood transfusion; hepatitis.
325-92 Prenatal hepatitis B screening and treatment of newborns.
325-101 Confidentiality of records and information.
325-104 Responsibility to report.
325-112 Sterile needle and syringe exchange program established.
325-113 Operation of the program.
325-115 Program oversight committee.
325-117 Termination of the program.
325-122 Hawaii immunization registry; establishment and purposes.
325-123 Confidentiality and content of registry records.
325-124 Purposes for access to registry information; access not a disclosure.
325-125 Registry record requirements; duration of retention.