Report Title:

Obesity Reduction Prog; Children/Adolescents; Mandated Covered Hlth Benefit

 

Description:

Requires insurers, hospital and medical services plans, and health maintenance organizations to provide children and adolescent obesity reduction programs to their policyholders, members, and enrollees.

THE SENATE

S.B. NO.

2601

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to health insurance.

 

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

SECTION 1. The legislature finds that obesity is the second leading cause of preventable death in the United States. According to the California Research Bureau's "Overweight Kids: Why Should We Care?" the total 1995 cost (health care and pharmaceutical costs, workday/lifetime earnings loss) in the United States associated with obesity was $99,200,000,000. The California Research Bureau also reports that after an obese child reaches six years of age, the probability that obesity will persist exceeds fifty per cent. According to the Centers for Disease Control, childhood obesity in the United States has nearly doubled in the past two decades. Compared to ten years ago, children are consuming an additional one hundred calories and more per day, primarily from soda, juice, fast foods, and candy.

Children are also participating less in healthful physical activity, which helps to avoid the health problems and social consequences from being overweight, both as children and as adults, including cardiovascular disease, stroke, osteoporosis, and type 2 diabetes caused in part by high fat diets, excessive weight, and a sedentary lifestyle.

Overweight and obese children are also more likely to experience asthma and bronchial hyperactivity and are more prone to skin disorders, especially if deep skin folds are present. Overweight and obese children are at a significant risk of developing psychological disorders, including depression, poor self-esteem, negative self-image, and withdrawal from peers.

The legislature finds that childhood and adolescent obesity is rapidly becoming a grave public health problem that must be addressed in every possible manner. The purpose of this Act is to require insurers, hospital and medical services plans, and health maintenance organizations to provide children and adolescent obesity reduction programs to their policyholders, members, and enrollees.

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

"§431:10A-    Children and adolescent obesity reduction program; notice. (a) Any other law to the contrary notwithstanding, each employer group health policy, contract, plan, or agreement issued or renewed in this State after December 31, 2004, shall provide, not as an employer option, a children and adolescent obesity reduction program for policyholders' children and adolescents covered under the policy, contract, plan, or agreement. The obesity reduction program shall be certified by the board of medical examiners as a health benefit.

(b) Every insurer shall provide notice to its policyholders regarding the coverage required by this section. The notice shall be in writing and prominently positioned in any literature or correspondence sent to policyholders and shall be transmitted to policyholders within calendar year 2004 when annual information is made available to policyholders, or in any other mailing to policyholders, but in no case later than December 31, 2004."

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

"§432-    Children and adolescents obesity reduction program; notice. (a) Any other law to the contrary notwithstanding, each individual and group hospital or medical service plan, policy, contract, or agreement issued or renewed in this State after December 31, 2004, shall provide, not as an employer option, a children and adolescent obesity reduction program for members' children and adolescents covered under the service plan, policy, contract, or agreement. The obesity reduction program shall be certified by the board of medical examiners as a health benefit.

(b) Every mutual benefit society shall provide notice to its members regarding the coverage required by this section. The notice shall be in writing and prominently positioned in any literature or correspondence sent to members and shall be transmitted to members within calendar year 2004 when annual information is made available to policyholders, or in any other mailing to members, but in no case later than December 31, 2004."

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. The benefit to be provided by health maintenance organizations corresponding to the benefit provided under section 431:10A-   , Hawaii Revised Statutes, as contained in the amendment to section 432D-23, Hawaii Revised Statutes, in section 4 of this Act, shall take effect for all policies, contracts, plans, or agreements issued in the State after December 31, 2004.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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