HRS § 622-57 - Availability of medical records

A provider must give a patient access to copies of his or her medical records once requested unless the provider feels that access would be detrimental to the health of the patient.  If the provider does not give access because it would be detrimental to the patient’s health, the patient may request by a written authorization that the provider give the patient’s attorney access to copies of the record.  If the patient’s attorney requests copies of the medical record and has the proper authorization, the provider must turn over the copies within 10 working days from the request.  A personal representative of a deceased individual may obtain copies of the person’s medical record or may authorize the provider to release copies of the medical record upon showing the representative’s authority to act on behalf of the deceased.  If no personal representative has been appointed, the deceased’s next of kin in superseding order may access copies of the medical record or authorize the provider to release copies of the medical record.  However, a provider may refuse to grant a next of kin access if the deceased person previously expressed in writing the desire not to grant access of his or her medical records to the next of kin.  Furthermore, any medical records of a deceased individual  may be released pursuant to a court order.   

While there are existing confidentiality laws for special health conditions, a health care provider may still honor a request for copies of medical record of a deceased individual if the medical record contains references to special health care conditions of HIV/AIDS, diagnosis or treatment of mental illness, or participation in a substance abuse program. 

The person requesting the copies of the medical record must bear the costs to produce the copies.