HOUSE OF REPRESENTATIVES

H.B. NO.

1463

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to delay in prior approval for medical services.

 

 

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

 


SECTION 1. Prior approval for medical services, also known as precertification or preauthorization, refers to health insurer requirements that certain physician-ordered treatments or services must be approved in advance by the insurer or by a medical review service contracted by the insurer before the insurer will provide final reimbursement or payment. The process of obtaining preauthorization for medical services may hamper the ability of health care providers to provide the necessary treatments to their patients and may also be one of the factors in the shortage of doctors in the State.

The legislature finds that it is in the best interest of the State to ensure that preauthorization requirements do not negatively impact the health of Hawaii residents.

The purpose of this Act is to exempt health care providers from civil liability in the case of the provider's patient receiving any injury or worsening of a health condition while awaiting preauthorization for medical services or treatment.

SECTION 2. Chapter 671, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"671-   Preauthorization; civil liability; exemption. Notwithstanding any provision of the law to the contrary, a licensed healthcare provider shall not be subject to any civil liability for any injury to or for the exacerbation or worsening of a health condition of a patient under the provider's care while obtaining authorization from an insurer to provide medical services or treatment for that patient."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Liability; Preauthorization; Health Insurance; Exemption

 

Description:

Exempts health care providers from civil liability in the case of the provider's patient receiving any injury or worsening of a health condition while awaiting insurer preauthorization for medical services or treatment.

 

 

 

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