STAND. COM. REP. NO. 1060-16


Honolulu, Hawaii

, 2016


RE: S.B. No. 2395

S.D. 1

H.D. 1




Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii




Your Committees on Health and Human Services, to which was referred S.B. No. 2395, S.D. 1, entitled:




beg leave to report as follows:


The purpose of this measure is to enhance access to health care via telehealth by:


(1) Prohibiting the State's Medicaid managed care and fee-for-service programs from denying coverage for telehealth services;


(2) Specifying that provision of telehealth services shall be consistent with all federal and state privacy, security, and confidentiality laws;


(3) Requiring medical malpractice insurers to provide professional liability coverage for telehealth services that is equivalent to coverage for the same services provided via face-to-face contact between a health care provider and a patient;


(4) Requiring insurers to provide current and prospective enrollees with written disclosure of coverage and benefits associated with telehealth services; and

(5) Specifying that insurer reimbursement for telehealth services required under this measure applies to all health benefits plans under the Hawaii Employer-Union Health Benefits Trust Fund law.


The State Council on Developmental Disabilities, Department of Health, Planned Parenthood Votes Northwest and Hawaii, Hawaii Medical Service Association, The Queen's Health Systems, Hawaii Pacific Health, Hawaii Association of Health Plans, UnitedHealthcare Community Plan of Hawaii, Hawaii Association of Professional Nurses, Healthcare Association of Hawaii, DentaQuest, Kaiser Permanente Hawaii, and a few individuals testified in support of this measure. The Department of Human Services, Hawaii Academy of Physician Assistants, and an individual commented on this measure.


Your Committees have amended this measure by:


(1) Specifying that telehealth requirements for Medicaid plans shall comply with federal requirements related to utilization, coverage, and reimbursement for telehealth services;


(2) Changing its effective date to July 1, 2112, to facilitate further discussion; and


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


As affirmed by the records of votes of the members of your Committees on Health and Human Services that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2395, S.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2395, S.D. 1, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.



Respectfully submitted on behalf of the members of the Committees on Health and Human Services,