REPORT TITLE:
Contraceptive Services


DESCRIPTION:
Requires all health insurers, mutual benefit societies, and
health maintenance organizations to cease excluding contraceptive
services and supplies from coverage by repealing the provision of
such coverage as an employer option.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.488        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HEALTH INSURANCE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 432D, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "432D-    Contraceptive services; options.  (a)
 
 5 Notwithstanding any provision of law to the contrary, each health
 
 6 maintenance organization that provides pregnancy-related services
 
 7 for its enrollees in this State, on or after January 1, 2000,
 
 8 shall cease to exclude contraceptive services or supplies for the
 
 9 enrollee or any dependent of the enrollee.
 
10      (b)  Any policies, contracts, plans, or agreements under
 
11 subsection (a), that provide contraceptive services or supplies,
 
12 or prescription drug coverage, shall not exclude any Food and
 
13 Drug Administration-approved prescriptive contraceptive drug or
 
14 device, or impose any unusual copayment, charge, or waiting
 
15 requirement for such drug or device.
 
16      (c)  For purposes of this section:
 
17      "Contraceptive services" means physician-delivered,
 
18 physician-supervised, physician assistant-delivered, nurse
 
19 practitioner-delivered, certified nurse midwife-delivered, or
 
20 nurse-delivered medical services intended to promote the
 

 
Page 2                                                     
                                     H.B. NO.           
                                                        
                                                        

 
 1 effective use of prescription contraceptive supplies or devices
 
 2 to prevent unwanted pregnancy.
 
 3      "Contraceptive supplies" means all Food and Drug
 
 4 Administration-approved contraceptive drug or device used to
 
 5 prevent unwanted pregnancy.
 
 6      (d)  Nothing in this section shall be construed to extend
 
 7 the practice or privileges of any health care provider beyond
 
 8 that provided in the laws governing the provider's practice and
 
 9 privileges."
 
10      SECTION 2.  Section 431:10A-116.6, Hawaii Revised Statutes,
 
11 is amended to read as follows:
 
12      "[[]431:10A-116.6[]]  Contraceptive services; options.(a)
 
13 Notwithstanding any provision of law to the contrary, each
 
14 employer group health policy, contract, plan, or agreement issued
 
15 or renewed in this State on or after January 1, [1994,] 2000,
 
16 that provides for payment of or reimbursement for pregnancy-
 
17 related services, shall [provide as an employer option,] cease to
 
18 exclude contraceptive services or supplies for the subscriber or
 
19 any dependent of the subscriber who is covered by the policy.
 
20      (b)  Any policies, contracts, plans, or agreements under
 
21 subsection (a) [above], that provide contraceptive services or
 
22 supplies, or prescription drug coverage, shall not exclude any
 
23 Food and Drug Administration-approved prescriptive contraceptive
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 drug or device, or impose any unusual copayment, charge, or
 
 2 waiting requirement for such drug or device.
 
 3      (c)  For [the purpose] purposes of this section[,
 
 4 "contraceptive services"]:
 
 5      "Contraceptive services" means physician-delivered,
 
 6 physician-supervised, physician assistant-delivered, nurse
 
 7 practitioner-delivered, certified nurse midwife-delivered, or
 
 8 nurse-delivered medical services intended to promote the
 
 9 effective use of prescription contraceptive supplies or devices
 
10 to prevent unwanted pregnancy.
 
11      "Contraceptive supplies" means all Food and Drug
 
12 Administration-approved contraceptive drug or device used to
 
13 prevent unwanted pregnancy.
 
14      (d)  Nothing in this section shall be construed to extend
 
15 the practice or privileges of any health care provider beyond
 
16 that provided in the laws governing the provider's practice and
 
17 privileges."
 
18      SECTION 3.  Section 432:1-604.5, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "[[]432:1-604.5[]]  Contraceptive services; options.(a)
 
21 Notwithstanding any provision of law to the contrary, each
 
22 employer group health policy, contract, plan, or agreement issued
 
23 or renewed in this State on or after January 1, [1994,] 2000,
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 that provides for payment of or reimbursement for pregnancy-
 
 2 related services, shall [provide as an employer option,] cease to
 
 3 exclude contraceptive services and contraceptive prescription
 
 4 drug coverage or supplies for the subscriber or any dependent of
 
 5 the subscriber who is covered by the policy.
 
 6      (b)  Any policies, contracts, plans, or agreements under
 
 7 subsection (a), that provide contraceptive services or supplies,
 
 8 or prescription drug coverage, shall not exclude any Food and
 
 9 Drug Administration-approved prescriptive contraceptive drug or
 
10 device, or impose any unusual copayment, charge, or waiting
 
11 requirement for such drug or device.
 
12      (c)  For [the purpose] purposes of this section[,
 
13 "contraceptive services"]:
 
14      "Contraceptive services" means physician-delivered,
 
15 physician-supervised, physician assistant-delivered, nurse
 
16 practitioner-delivered, certified nurse midwife-delivered, or
 
17 nurse-delivered medical services intended to promote the
 
18 effective use of prescription contraceptive supplies or devices
 
19 to prevent unwanted pregnancy.
 
20      "Contraceptive supplies" means all Food and Drug
 
21 Administration-approved contraceptive drug or device used to
 
22 prevent unwanted pregnancy.
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (d)  Nothing in this section shall be construed to extend
 
 2 the practice or privileges of any health care provider beyond
 
 3 that provided in the laws governing the provider's practice and
 
 4 privileges."
 
 5      SECTION 4.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 5.  This Act shall take effect upon its approval.
 
 8 
 
 9                           INTRODUCED BY:_________________________