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Terms Used In Hawaii Revised Statutes 622-59

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Health care data: means information submitted for outcomes, trends, or cost analysis, and research or informed policy and decision making relating to health care costs, mortality, morbidity, and treatment outcomes including but not limited to the:

    (1) Date of admission and date of discharge;

    (2) Patient discharge status;

    (3) Principal and secondary diagnoses;

    (4) Principal and secondary procedures;

    (5) Total charge segregated by service, procedures, facility, drugs, and medical supplies used; and

    (6) Total payment reimbursed to the health care professional or provider. See Hawaii Revised Statutes 622-51

Where health care data submitted to either a public or private organization for the purpose of aggregate treatment outcomes, trends, or cost analysis, or public reporting, that identifies or reasonably could be used to identify specific physicians, health care professionals, or individual patients, that portion of the data shall not be subject to discovery or admission into evidence in any civil or administrative proceeding involving the organization. Information, documents, or records made in the regular course of business by a hospital or other provider of health care are not to be construed as immune from discovery or use in any civil or administrative proceeding merely because they were presented to an organization for aggregate analysis.