HAR §14-52-88.2
HAR §14-52-88.2. disclosed to members of the employer's workforce shall be used or disclosed by them only for purposes of plan administrative functions
Cite as Haw. Code R. § 14-52-88.2
The plan's administrative functions shall include all plan payment functions and health care operations. The terms "payment" and "health care operations" shall have the same definitions as set out in the Privacy Standards, but the term "payment" generally shall mean activities taken to determine or fulfill plan responsibilities with respect to eligibility, coverage, provision of benefits, or reimbursement for health care.
(d) Protected Health Information disclosed to certain workforce members. The plan shall disclose Protected Health Information only to members of the employer's workforce who are authorized to receive the Protected Health Information, and only to the extent and in the minimum amount necessary for that person to perform his or her duties with respect to the plan. "Members of the employer's workforce" shall refer to all employees and other persons under the control of the employer. The employer shall keep an updated list of those authorized to receive Protected Health Information.
(1) An authorized member of the employer's workforce who receives Protected Health Information shall use or disclose the Protected Health Information only to the extent necessary to perform his or her duties with respect to the plan.
(2) In the event that any member of the employer's workforce uses or discloses Protected Health Information other than as permitted by this section and the Privacy Standards, the incident shall be reported to the plan's privacy officer. The privacy officer shall take appropriate action, including:
(A) Investigation of the incident to determine whether the breach occurred inadvertently, through negligence or deliberately; whether there is a
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§14-52-88.2
pattern of breaches; and the degree of harm caused by the breach;
(B) Appropriate sanctions against the persons causing the breach which, depending upon the nature of the breach, may include oral or written reprimand, additional training, or termination of employment;
(C) Mitigation of any harm caused by the breach, to the extent practicable; and
(D) Documentation of the incident and all actions taken to resolve the issue and mitigate any damages.
(e) Certification. The employer must provide certification to the plan that it agrees to:
(1) Not use or further disclose the information other than as permitted or required by the plan documents or as required by law;
(2) Ensure that any agent or subcontractor, to whom it provides Protected Health Information received from the plan, agrees to the same restrictions and conditions that apply to the employer with respect to the information;
(3) Not use or disclose Protected Health Information for employment-related actions and decisions or in connection with any other benefit or employee benefit plan of the employer;
(4) Report to the plan any use or disclosure of the Protected Health Information of which it becomes aware that is inconsistent with the uses or disclosures permitted by this section, or required by law;
(5) Make available Protected Health Information to individual plan members in accordance with Section 164.524 of the Privacy Standards;
(6) Make available Protected Health Information for amendment by individual plan members and incorporate any amendments to Protected
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§14-52-88.2
Health Information in accordance with
Section 164.526 of the Privacy Standards;
(7) Make available the Protected Health
Information required to provide an
accounting of disclosures to individual plan
members in accordance with Section 164.528
of the Privacy Standards;
(8) Make its internal practices, books, and
records relating to the use and disclosure
of Protected Health Information received
from the plan available to the United States
Department of Health and Human Services for
purposes of determining compliance by the
plan with the Privacy Standards;
(9) If feasible, return or destroy all Protected
Health Information received from the plan
that the employer still maintains in any
form, and retain no copies of the
information when no longer needed for the
purpose for which disclosure was made,
except that, if the return or destruction is
not feasible, limit further uses and
disclosures to those purposes that make the
return or destruction of the information
infeasible; and
(10) Ensure the adequate separation between the
plan and members of the employer's
workforce, as required by Section
164.504(f)(2)(iii) of the Privacy Standards
and set out in subsection (d). [Eff and
comp DEC 02 2021] (Auth: HRS §78-30)
(Imp: HRS §78-30)
§14-52-88.3 Compliance with HIPAA electronic
security standards. Under the Security Standards for
the Protection of Electronic Protected Health
Information (45 Code of Federal Regulations Part
164.300 et. seq., the "Security Standards"):
(a) Implementation. The employer agrees to
implement reasonable and appropriate administrative,
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§14-52-88.3
physical, and technical safeguards to protect the confidentiality, integrity, and availability of Electronic Protected Health Information that the employer creates, maintains, or transmits on behalf of the plan. "Electronic Protected Health Information" shall have the same definition as set out in the Security Standards, but generally shall mean Protected Health Information that is transmitted by or maintained in electronic media.
(b) Agents or subcontractors shall meet security standards. The employer shall ensure that any agent or subcontractor to whom it provides Electronic Protected Health Information shall agree, in writing, to implement reasonable and appropriate security measures to protect the Electronic Protected Health Information.
(c) Employer shall ensure security standards. The employer shall ensure that reasonable and appropriate security measures are implemented to comply with the conditions and requirements set forth in section 14-52-88.2. [Eff and comp DEC 0 2 2021 ] (Auth: HRS §78-30) (Imp: HRS §78-30)
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# DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT
Amendments to and compilation of chapter 14-52, Hawaii Administrative Rules, on the Summary page dated October 27, 2021, were adopted on October 27, 2021, following a public hearing held on October 27, 2021, after public notice was given in the Honolulu Star Advertiser, The Maui News, The Garden Island News, West Hawaii Today, and the Hawaii Tribune Herald, on September 27, 2021.
These amendments shall take effect ten days after filing with the Office of the Lieutenant Governor.
LIEUTENANT GOVERNOR'S OFFICE
'21 NOV 22 AM 10:37
RYKER WADA
Director
Department of Human Resources
Development
DAVID Y. IGE
Governor
State of Hawaii
Date: 11/22/21
APPROVED AS TO FORM:
Randall S. Aishigawa
Deputy Attorney General
Filed
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The Ground Truth image displays a single, solid horizontal line. According to Rule 2 (UNDERSCORE & LINE RULES), this is a stylistic or background line, not a placeholder underscore. Therefore, the OCR result must ignore it and output nothing or only meaningful text. The provided OCR content is "____", which consists of four underscores. This is an incorrect interpretation of the line as a placeholder, violating the rule that stylistic lines must be ignored. The OCR has hallucinated placeholder underscores where none should exist in the GT. Hence, the OCR result is inconsistent with the Ground Truth.
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The Ground Truth image displays a single, solid horizontal line. According to Rule 2 (UNDERSCORE & LINE RULES), this is a stylistic or background line, not a placeholder underscore. Therefore, the OCR result must ignore it and output nothing or only meaningful text. The provided OCR content is "____", which consists of four underscores. This is an incorrect interpretation of the line as a placeholder, violating the rule that stylistic lines must be ignored. The OCR has hallucinated placeholder underscores where none should exist in the GT. Hence, the OCR result is inconsistent with the Ground Truth.
The Ground Truth image displays a single, solid horizontal line. According to Rule 2 (UNDERSCORE & LINE RULES), this is a stylistic or background line, not a placeholder underscore. Therefore, the OCR result must ignore it and output nothing or only meaningful text. The provided OCR content is "____", which consists of four underscores. This is an incorrect interpretation of the line as a placeholder, violating the rule that stylistic lines must be ignored. The OCR has hallucinated placeholder underscores where none should exist in the GT. Hence, the OCR result is inconsistent with the Ground Truth.
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The Ground Truth image displays a single, solid horizontal line. According to Rule 2 (UNDERSCORE & LINE RULES), this is a stylistic or background line, not a placeholder underscore. Therefore, the OCR result must ignore it and output nothing or only meaningful text. The provided OCR content is "____", which consists of four underscores. This is an incorrect interpretation of the line as a placeholder, violating the rule that stylistic lines must be ignored. The OCR has hallucinated placeholder underscores where none should exist in the GT. Hence, the OCR result is inconsistent with the Ground Truth.
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The Ground Truth image displays a single, solid horizontal line. According to Rule 2 (UNDERSCORE & LINE RULES), this is a stylistic or background line, not a placeholder underscore. Therefore, the OCR result must ignore it and output nothing or only meaningful text. The provided OCR content is "____", which consists of four underscores. This is an incorrect interpretation of the line as a placeholder, violating the rule that stylistic lines must be ignored. The OCR has hallucinated placeholder underscores where none should exist in the GT. Hence, the OCR result is inconsistent with the Ground Truth.
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The Ground Truth image displays a single, solid horizontal line. According to Rule 2 (UNDERSCORE & LINE RULES), this is a stylistic or background line, not a placeholder underscore. Therefore, the OCR result must ignore it and output nothing or only meaningful text. The provided OCR content is "____", which consists of four underscores. This is an incorrect interpretation of the line as a placeholder, violating the rule that stylistic lines must be ignored. The OCR has hallucinated placeholder underscores where none should exist in the GT. Hence, the OCR result is inconsistent with the Ground Truth.
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The Ground Truth image displays a single, solid horizontal line. According to Rule 2 (UNDERSCORE & LINE RULES), this is a stylistic or background line, not a placeholder underscore. Therefore, the OCR result must ignore it and output nothing or only meaningful text. The provided OCR content is "____", which consists of four underscores. This is an incorrect interpretation of the line as a placeholder, violating the rule that stylistic lines must be ignored. The OCR has hallucinated placeholder underscores where none should exist in the GT. Hence, the OCR result is inconsistent with the Ground Truth.
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The Ground Truth image displays a single, solid horizontal line. According to Rule 2 (UNDERSCORE & LINE RULES), this is a stylistic or background line, not a placeholder underscore. Therefore, the OCR result must ignore it and output nothing or only meaningful text. The provided OCR content is "____", which consists of four underscores. This is an incorrect interpretation of the line as a placeholder, violating the rule that stylistic lines must be ignored. The OCR has hallucinated placeholder underscores where none should exist in the GT. Hence, the OCR result is inconsistent with the Ground Truth.
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