HOUSE OF REPRESENTATIVES

H.B. NO.

235

TWENTY-NINTH LEGISLATURE, 2017

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HEALTH.

 

 

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

 


SECTION 1. The legislature finds that Act 251, Session Laws of Hawaii 1997 (Act 251), provided much demanded and much needed amendments to the motor vehicle insurance law to reduce motor vehicle insurance premiums and preserve adequate protection of the rights of drivers. One provision in Act 251 tied all provider fees to the medicare fee schedule used under workers' compensation law and set the benefit for chiropractic and acupuncture treatments at thirty visits at no more than $75 per visit. Acupuncture codes were not included in the medicare fee schedule as of the effective date of Act 251, and acupuncturists were therefore placed under the same restrictions as chiropractors. The benefit allowed for acupuncture treatments has not increased in nearly twenty years, while rates for other services, such as physical therapy and medical office visits, have increased over the years.

The purpose of this Act is to increase the authorized benefit for acupuncture treatments allowed under personal injury protection benefits provided through motor vehicle insurance and cap the total amount of benefits allowed for acupuncture, chiropractic, and naturopathic treatments.

SECTION 2. Chapter 431, Hawaii Revised Statutes, is amended by adding a new section to part I of article 10C to be appropriately designated and to read as follows:

"431:10C-   Alternative care; acupuncture treatment; personal injury protection benefits. Acupuncture treatment shall be allowed for no more than thirty visits at a cost of no more than $105.70 per visit."

SECTION 3. 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)] (c) Naturopathic treatments shall be allowed for no more than thirty visits at no more than $75 a visit.

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

(e) The combined total of naturopathic, chiropractic, and acupuncture benefit for treatment shall not exceed $2,250.

(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 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2112.


 


 

Report Title:

Motor Vehicle Insurance; Personal Injury Protection Benefits; Acupuncture Treatments

 

Description:

Increases the authorized benefit for acupuncture treatments allowed under personal injury protection benefits provided through motor vehicle insurance. Caps total benefit amount for acupuncture, chiropractic, and naturopathic treatments. (HB235 HD1)

 

 

 

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