Sorry, but this only applies to health care and health plans. It doesn't say anything about state records agencies. Second, even if it did apply it fails because it only requires the application of notification requirements. There's no notification requirement in regards to HRS 338-18.
The Hawaii Department of Health is a health care provider agency. The Department of Health is also the vital records repository in that state (as Departments of Health are in many states). Birth, is usually a medical procedure.
What has failed is any attempt to release a Hawaii vital record to an individual who is not covered under Hawaii Revised Statute 338-18 (b).
Every attempt to force release to individuals not covered by 338-18(b) in 12 tries through the Hawii courts has failed.
JUSTICE v. FUDDY
Dr. Robert V. JUSTICE, an individual, Plaintiff–Appellant, v. Loretta FUDDY,Director of the Department of Health, and the State of Hawai‘i–Department of Health, an agency of the State of Hawai‘i, Defendants–Appellees.
No. 30176.— April 07, 2011
NAKAMURA, Chief Judge, and FUJISE, J.; with LEONARD, J., concurring separately.
Dr. Robert V. Justice, on the briefs, Plaintiff–Appellant Pro Se.Heidi M. Rian, Jill T. Nagamine, Deputies Attorney General, on the briefs, for Defendants–Appellees.
This appeal involves a request for disclosure of President Barack Obama’s birth certificate under the Hawai‘i Uniform Information Practices Act (Modified) (UIPA), Hawaii Revised Statutes (HRS) Chapter 92F. Plaintiff–Appellant Dr. Robert V. Justice (Plaintiff), appearing pro se, filed a complaint, pursuant to the UIPA, seeking an order directing the Department of Health (DOH) of the State of Hawai‘i to permit him “to inspect and copy” President Obama’s original birth certificate. The trial court dismissed Plaintiff’s complaint for failure to state a claim upon which relief could be granted.
To be eligible to serve as President of the United States, a person must be a natural born citizen.2 Plaintiff seeks disclosure of President Obama’s birth certificate so that Plaintiff can assure himself that President Obama is eligible to serve as President. Plaintiff contends that he is entitled to such disclosure based on a provision of the UIPA which requires the disclosure of “[g]overnment records pursuant to a showing of compelling circumstances affecting the health or safety of any individual[.]” HRS § 92F–12(b)(3) (1993).
The sole argument Plaintiff raises on appeal, which is also the only specific basis for relief he asserted in the trial court, is that his complaint states a claim for relief under this “compelling circumstances” provision. That provision, however, is directed at requiring access to records in medical or safety emergency situations. We hold that Plaintiff failed to state a claim for relief based on the “compelling circumstances” provision (HRS § 92F–12(b)). Accordingly, we affirm the trial court’s dismissal of Plaintiff’s complaint.
IV. CONCLUSION
We affirm the final judgment of the Circuit Court.
Dr. Robert V. Justice’s (Dr. Justice’s) sole argument on appeal is that his complaint states a claim for relief under HRS § 92F–12(b)(3) (1993), which requires each Hawai‘i agency to disclose “[g]overnment records pursuant to a showing of compelling circumstances affecting the health or safety of any individual[.]” In his brief, Dr. Justice alleges that such compelling circumstances exist and that they warrant an order that Dr. Justice be allowed to physically inspect the original birth certificate for Barack Hussein Obama II (President Obama) because:
[T]he President of the United States is the Commander–in–Chief of our military and entrusted with our nuclear and chemical arsenals to ensure the health and safety of all of us. The inspection of the purported birth certificate for [President Obama] will ensure the health and safety of all 300 million of us by making sure that our military and our nuclear and chemical arsenals are still under our control and not in the control of any one of our enemies.
(Citation omitted.)
As stated in the majority opinion, while Dr. Justice may have a strong desire to personally verify President Obama’s eligibility, pursuant to article II, section 1 of the United States Constitution, to serve as President of the United States, such desire does not constitute compelling circumstances within the meaning of HRS § 92F–12(b)(3). Dr. Justice does not have the power or authority to determine President Obama’s eligibility. Only the Congress of the United States has the power to remove a sitting president. Indeed, Dr. Justice has not alleged any factual basis for his implicit contention that President Obama may not be a natural-born citizen of the United States. Dr. Justice has not stated an overpowering or urgent need for the records to protect the life or safety of an individual in a medical or other emergency. Accordingly, I concur.
[excerpted]
http://caselaw.findlaw.com/hi-intermediate-court-of-appeals/1563066.html