STAND. COM. REP. NO. 2776

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2105

       S.D. 2

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Ways and Means, to which was referred S.B. No. 2105, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO HEALTH,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to require the Director of Health to convene a mental health and substance abuse parity working group to determine how the State can achieve compliance with federal mental health and substance abuse parity laws and regulations and enhance existing state parity laws.

 

     Your Committee received written comments in support of this measure from the Hawaii Substance Abuse Coalition.  Your Committee received written comments on this measure from the Department of Health.

 

     Your Committee finds that treatment for behavioral health disorders continues to be costlier and more difficult to obtain than general medical care.  Pursuant to federal rules, group health plans are required to have no more restrictions on mental health and substance abuse disorders than on medical or surgical benefits.  States may comply with federal rules or enact parity laws that are even more comprehensive than what is required by federal rules.

 

     Your Committee notes that according to written comments submitted by the Department of Health, Hawaii achieved parity in health insurance coverage for serious mental illness by enactment of section 431M-5(c), Hawaii Revised Statutes.  However, the Department of Health recommends restoring the substance abuse coverage parity provision in Part V of Act 44, Session Laws of Hawaii 2004, which was repealed on June 30, 2011.

 

     Your Committee is supportive of a working group to determine how the State should proceed with federal mandates regarding mental health and substance abuse parity laws and regulations and enhancements to existing and repealed state parity laws; provided that any recommendations on improving the behavioral health care system should emphasize primary and secondary prevention and de-stigmatization.

 

     Your Committee has amended this measure by:

 

     (1)  Clarifying that the members of the working group representing private entities shall be selected by the Director of Health;

 

     (2)  Reauthorizing the substance of Part V of Act 44, Session Laws of Hawaii 2004; and

 

     (3)  Making technical nonsubstantive amendments for the purposes of style, clarity, and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2105, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2105, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

 

 

 

____________________________

DAVID Y. IGE, Chair