TWENTY-SECOND LEGISLATURE, 2004
STATE OF HAWAII
REQUESTING THE AUDITOR TO ASSESS THE SOCIAL AND FINANCIAL EFFECTS OF REQUIRING HEALTH INSURERS TO OFFER COVERAGE FOR cognitive rehabilitation.
WHEREAS, traumatic brain injury is an insult to the brain, not of degenerative or congenital nature, caused by an external force that may produce a diminished or altered state of consciousness, which results in an impairment of cognitive abilities or physical functioning; and
WHEREAS, traumatic brain injury is a leading cause of death and disability among children and young adults; and
WHEREAS, survivors of traumatic brain injury can lead full lives thanks to lifesaving medical techniques and rehabilitation services; and
WHEREAS, however, survivors face a long rehabilitation process that may not be covered by certain health benefit plans; and
WHEREAS, section 23-51, Hawaii Revised Statutes, requires that "[b]efore any legislative measure that mandates health insurance coverage for specific health services, specific diseases, or certain providers of health care services as part of individual or group health insurance policies, can be considered, there shall be concurrent resolutions passed requesting the auditor to prepare and submit to the legislature a report that assesses both the social and financial effects of the proposed mandated coverage"; and
WHEREAS, section 23-51 further provides that "[t]he concurrent resolutions shall designate a specific legislative bill that:
(1) Has been introduced in the legislature; and
(2) Includes, at a minimum, information identifying the:
(B) Extent of the coverage;
(C) Target groups that would be covered;
(D) Limits on utilization, if any; and
(E) Standards of care.
For purposes of this part, mandated health insurance coverage shall not include mandated optionals"; and
WHEREAS, section 23-52, Hawaii Revised Statutes, further specifies the minimum information required for assessing the social and financial impact of the proposed health coverage mandate in the Auditor's report; and
WHEREAS, H.B. No. (2004) mandates coverage of cognitive rehabilitation for all policies and contracts, hospital and medical service plan contracts, medical service corporation contracts, and health maintenance organization plans and contracts issued after December 31, 2004; and
WHEREAS, the Legislature believes that mandatory health insurance coverage for cognitive rehabilitation, as provided in H.B. No. (2004), will substantially reduce illness and assist in the maintenance of good health for the people of this State; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2004, the House of Representatives concurring, that the Auditor is requested to conduct an impact assessment report, pursuant to sections 23-51 and 23-52, Hawaii Revised Statutes, of the social and financial impacts of mandating coverage of examination for cognitive rehabilitation for all policies and contracts, hospital and medical service plan contracts, medical service corporation contracts, and health maintenance organization plans and contracts issued after December 31, 2004, as provided in H.B. No. (2004); and
BE IT FURTHER RESOLVED that the Auditor is requested to submit findings and recommendations to the Legislature, including any necessary implementing legislation, twenty days prior to the convening of the Regular Session of 2005; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor and to the Insurance Commissioner, who in turn is requested to transmit copies to each insurer in the State that issues health insurance policies.
Mandated Coverage; Cognitive Rehab; Traumatic Brain Injury