HOUSE OF REPRESENTATIVES

H.B. NO.

512

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to palliative care.

 

 

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

 


     SECTION 1.  Chapter 431:10A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§431:10A‑    Coverage for palliative care.  (a)  Each policy of accident and health or sickness insurance issued or renewed in this State shall provide coverage for palliative care to which a person is referred by a physician, osteopathic physician, or nurse practitioner; provided that this section shall not apply to accident-only, specified disease, hospital indemnity, medicare supplement, long-term care, or other limited benefit health insurance policy.

     (b)  For purposes of this section, "palliative care" means care provided at any time after the diagnosis of a chronic or serious medical condition for the treatment or management of symptoms, such as pain, difficulty breathing, fatigue, nausea, muscle weakness, motor impairment, difficulty sleeping, mental or emotional distress, or other symptom, that interfere with an individual's ability to engage in daily life activities.  Palliative care shall include care provided by a variety of licensed providers including physicians, nurses, social workers, nutritionists, naturopathic physicians, pharmacists, massage therapists, respiratory therapists, physical therapists, occupational therapists, psychologists, and other licensed providers.  Palliative care shall include care that is provided in conjunction with other medical treatment that is intended to cure a medical condition, disorder, or illness.

     (c)  Coverage for palliative care under this section shall be provided to a covered person who is diagnosed with a chronic or serious disease as well as to covered persons who are caregivers, family members, or household members of a person who is diagnosed with a chronic or serious disease."

     SECTION 2.  Chapter 432:1, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§432:1‑    Coverage for palliative care.  (a)  Each policy of accident and health or sickness insurance issued or renewed in this State shall provide coverage for palliative care to which a person is referred by a physician, osteopathic physician, or nurse practitioner; provided that this section shall not apply to accident-only, specified disease, hospital indemnity, medicare supplement, long-term care, or other limited benefit health insurance policy.

     (b)  For purposes of this section, "palliative care" means care provided at any time after the diagnosis of a chronic or serious medical condition for the treatment or management of symptoms, such as pain, difficulty breathing, fatigue, nausea, muscle weakness, motor impairment, difficulty sleeping, mental or emotional distress, or other symptom, that interfere with an individual's ability to engage in daily life activities.  Palliative care shall include care provided by a variety of licensed providers including physicians, nurses, social workers, nutritionists, naturopathic physicians, pharmacists, massage therapists, respiratory therapists, physical therapists, occupational therapists, psychologists, and other licensed providers.  Palliative care shall include care that is provided in conjunction with other medical treatment that is intended to cure a medical condition, disorder, or illness.

     (c)  Coverage for palliative care under this section shall be provided to a covered person who is diagnosed with a chronic or serious disease as well as to covered persons who are caregivers, family members, or household members of a person who is diagnosed with a chronic or serious disease."

     SECTION 3.  Chapter 432:2, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§432:2‑    Coverage for palliative care.  (a)  Each policy of accident and health or sickness insurance issued or renewed in this State shall provide coverage for palliative care to which a person is referred by a physician, osteopathic physician, or nurse practitioner; provided that this section shall not apply to accident-only, specified disease, hospital indemnity, medicare supplement, long-term care, or other limited benefit health insurance policy.

     (b)  For purposes of this section, "palliative care" means care provided at any time after the diagnosis of a chronic or serious medical condition for the treatment or management of symptoms, such as pain, difficulty breathing, fatigue, nausea, muscle weakness, motor impairment, difficulty sleeping, mental or emotional distress, or other symptom, that interfere with an individual's ability to engage in daily life activities.  Palliative care shall include care provided by a variety of licensed providers including physicians, nurses, social workers, nutritionists, naturopathic physicians, pharmacists, massage therapists, respiratory therapists, physical therapists, occupational therapists, psychologists, and other licensed providers.  Palliative care shall include care that is provided in conjunction with other medical treatment that is intended to cure a medical condition, disorder, or illness.

     (c)  Coverage for palliative care under this section shall be provided to a covered person who is diagnosed with a chronic or serious disease as well as to covered persons who are caregivers, family members, or household members of a person who is diagnosed with a chronic or serious disease."

     SECTION 4.  Chapter 432D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§432D‑    Coverage for palliative care.  (a)  Each policy of accident and health or sickness insurance issued or renewed in this State shall provide coverage for palliative care to which a person is referred by a physician, osteopathic physician, or nurse practitioner; provided that this section shall not apply to accident-only, specified disease, hospital indemnity, medicare supplement, long-term care, or other limited benefit health insurance policy.

     (b)  For purposes of this section, "palliative care" means care provided at any time after the diagnosis of a chronic or serious medical condition for the treatment or management of symptoms, such as pain, difficulty breathing, fatigue, nausea, muscle weakness, motor impairment, difficulty sleeping, mental or emotional distress, or other symptom, that interfere with an individual's ability to engage in daily life activities.  Palliative care shall include care provided by a variety of licensed providers including physicians, nurses, social workers, nutritionists, naturopathic physicians, pharmacists, massage therapists, respiratory therapists, physical therapists, occupational therapists, psychologists, and other licensed providers.  Palliative care shall include care that is provided in conjunction with other medical treatment that is intended to cure a medical condition, disorder, or illness.

     (c)  Coverage for palliative care under this section shall be provided to a covered person who is diagnosed with a chronic or serious disease as well as to covered persons who are caregivers, family members, or household members of a person who is diagnosed with a chronic or serious disease."

     SECTION 5.  New statutory material is underscored.


     SECTION 6.  This Act shall take effect on July 1, 2011.

 

INTRODUCED BY:

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Report Title:

Palliative Care; Health Insurance Required Coverage

 

Description:

Requires policies of accident and health or sickness insurance to provide coverage for palliative care.  Defines palliative care.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.