Report Title:

HIV Vaccinations; Mandated health coverage

 

Description:

Requires health benefit coverage for HIV vaccination should one be approved by the Federal Food and Drug Administration. (SD1)

THE SENATE

S.B. NO.

3054

TWENTY-FIRST LEGISLATURE, 2002

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to Acquired Immune Deficiency Syndrome vaccinations.

 

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

SECTION 1. The legislature finds that HIV/AIDS has now spread to every corner of the world, infecting more than forty million people worldwide. This deadly disease is rapidly growing and will continue to claim more lives and more resources until there is a vaccination for AIDS.

The legislature further finds that a huge part of the problem is that pharmaceutical companies find it lucrative to develop drugs that treat, time and time again, the disease rather than develop something that prevents it.

California recently enacted a new law aimed at guaranteeing a market for the vaccine product by requiring health benefits plans to provide coverage for the vaccine when it becomes available. On the belief that a coordinated guaranteed market would stimulate investment of the needed dollars for research and development and accelerate the availability of the vaccine, California has urged all other states to commit to this endeavor by enacting similar legislation.

The purpose of this Act is to replicate the California law by requiring health benefit coverage for the HIV vaccine when it becomes available.

SECTION 2. Chapter 431:10A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"431:10A-     Acquired immune deficiency syndrome vaccinations. (a) Each policy, contract, plan, or agreement issued after December 31, 2002, except for policies that only provide coverage for specified diseases or other limited benefit coverage, but including policies issued by companies subject to chapter 431, article 10A, part II, and chapter 432, article 1, shall include in addition to other benefits coverage for a vaccine for acquired immune deficiency syndrome that is approved for marketing by the Federal Food and Drug Administration and that is recommended by the United States Public Health Services.

(b) This section shall not be construed to require coverage for any clinical trials relating to an acquired immune deficiency syndrome vaccine or for any acquired immune deficiency syndrome vaccine that has been approved by the federal Food and Drug Administration in the form of an investigational new drug application.

(c) Nothing in this section shall be construed in any manner to limit or impede the power or responsibility of an insurer to negotiate the most cost efficient price for vaccine purchases."

SECTION 3. Chapter 432:1, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"432:1- Acquired immune deficiency syndrome vaccinations. (a) All individual and group hospital or medical service plan contracts and medical service corporation contracts issued or renewed in this State after December 31, 2002, shall include in addition to other benefits coverage for a vaccine for acquired immune deficiency syndrome that is approved for marketing by the Federal Food and Drug Administration and that is recommended by the United States Public Health Service.

(b) This section shall not be construed to require coverage for any clinical trials relating to an acquired immune deficiency syndrome vaccine or for any acquired immune deficiency syndrome vaccine that has been approved by the federal Food and Drug Administration in the form of an investigational new drug application.

(c) Nothing in this section shall be construed in any manner to limit or impede the power or responsibility of a service plan or medical service corporation to negotiate the most cost efficient price for vaccine purchases."

SECTION 4. Section 432D-23, Hawaii Revised Statutes, is amended to read as follows:

"432D-23 Required provisions and benefits. Notwithstanding any provision of law to the contrary, each policy, contract, plan, or agreement issued in the State after January 1, 1995, by health maintenance organizations pursuant to this chapter, shall include benefits provided in sections 431:10-212, 431:10A-115, 431:10A-115.5, 431:10A-116, 431:10A-116.5, 431:10A-116.6, 431:10A-119, 431:10A-120, [and] 431:10A-121, and 431:10A-   , and chapter 431M."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.