Honolulu, Hawaii


RE: S.B. No. 1043

S.D. 1




Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii




Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 1043 entitled:




begs leave to report as follows:


The purpose and intent of this measure is to:


(1) Require health insurers, mutual benefit societies, and health maintenance organizations to provide coverage for a comprehensive category of reproductive health care services, drugs, devices, products, and procedures; and


(2) Prohibit discrimination in the provision of reproductive health care services.


Your Committee received testimony in support of this measure from Planned Parenthood Votes Northwest and Hawaii, Save Medicaid Hawaii, AAUW of Hawaii, Hawaii Women's Coalition, Hawaii Section of the American College of Obstetricians and Gynecologists, LGBT Caucus of the Democratic Party of Hawaii, Midwives Alliance of Hawaii, Healthy Mothers Healthy Babies, Hawaii State Coalition Against Domestic Violence, Oahu County Committee on Legislative Priorities of the Democratic Party of Hawaii, ACLU of Hawaii, and seventy-seven individuals. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Department of Health, Department of Commerce and Consumer Affairs, Department of the Attorney General, and Hawaii Medical Service Association.


Your Committee finds that the current Presidential Administration and congressional leaders have made it clear that enacting additional restrictions on health care access and undermining consumer protections are one of their top priorities. Most recently, the Administration has sought to enact rules that would allow employers to refuse to provide contraception coverage on the basis of moral and religious reasons. Given these attacks on basic rights and health care, it is more important than ever that access to health care is protected in the State. Numerous studies have shown that public investment in reproductive health and family planning services saves far more in long term health care costs. Data also shows the devastating health consequences that occur when a patient does not have access to these basic services.


This measure ensures that Hawaii residents do not lose access to no-copay preventive services such as birth control, well-women exams, and lifesaving cancer screenings. This measure also ensures that all people in Hawaii, regardless of gender, gender identity, or sexual orientation, receive equal access to comprehensive sexual and reproductive health care, without discrimination. Hawaii must continue its leadership in promoting all peoples' access to the health care they deserve, no matter what happens at the federal level.


Your Committee further notes that the covered health care services in this measure are not new mandates, but represent updates to current mandates to include best practice treatments and advancing technologies.


Your Committee has amended this measure by:


(1) Clarifying that the required preventive care coverage proposed by this measure includes screening and appropriate counseling or interventions for:


(A) Substance abuse, including tobacco and electronic smoking devices, and alcohol; and


(B) Mental health screening and counseling, including depression;


(2) Requiring a bill or statement for services from any health care provider or health insurer, mutual benefit society, or health maintenance organization to be sent directly to the person receiving the services; and


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


As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1043, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1043, S.D. 1, and be referred to your Committee on Judiciary.


Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,