Report Title:

PIP; Naturopathy; MV Ins.

Description:

Requires naturopathy to be included among the personal injury protection benefits provided in a motor vehicle insurance policy. (SD1)

THE SENATE

S.B. NO.

3222

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO MOTOR VEHICLE INSURANCE.

 

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

SECTION 1. The legislature finds that naturopathy coverage is currently voluntary under Hawaii's motor vehicle insurance statutes. The legislature further finds that an actuarial analysis by the insurance commissioner, in accordance with House Concurrent Resolution No. 131, Regular Session of 2002, concluded that, although reinstating naturopathy as a mandated personal injury protection benefit will cause motor vehicle insurance rates to increase, the impact is generally anticipated to be minimal.

The purpose of this Act is to include naturopathy among the required personal injury protection benefits in a motor vehicle insurance policy.

SECTION 2. Section 431:10C-103.6, Hawaii Revised Statutes, is amended to read as follows:

"431:10C-103.6 Personal injury protection benefits tied to prepaid health care plan for description of coverage only. (a) The benefits provided under section 431:10C-103.5 shall be substantially comparable to the requirements for prepaid health care plans, as provided in chapter 393 and rules of the department of labor and industrial relations, pertaining to the Prepaid Health Care Act. The reference to the Prepaid Health Care Act is only for purposes of describing the coverages and exclusions, without regard to any specific insurer or plan, and shall not be construed to transfer coverage to the prepaid health care plans. The precise charges and utilization rates shall be as contained in the workers' compensation schedules as provided under section 431:10C-308.5, unless modified by the commissioner by rule under chapter 91.

(b) Chiropractic treatments shall be allowed for not more than the lesser of the following:

(1) Thirty visits at no more than $75 a visit, plus no more than five x-rays at no more than $50 each; or

(2) Treatment as defined by the Hawaii State Chiropractic Association guidelines in effect on January 25, 1997.

(c) Acupuncture treatments shall be allowed for no more than thirty visits at no more than $75 a visit.

(d) Naturopathist treatments shall be limited to no more than thirty visits at no more than $75 a visit.

[(d)] (e) The combined total of chiropractic [and], acupuncture [treatments], and naturopathist visits may not exceed thirty visits.

[(e)] (f) The benefits under section 431:10C-103.5 may be with copayment, and shall be subject to and apply the utilization requirements applicable under prepaid health care plans, under chapter 393."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2004.