Honolulu, Hawaii


RE: S.B. No. 2539

S.D. 1




Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii




Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 2539 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 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 the Department of Human Services, Hawaii State Commission on the Status of Women, Hawaii Medical Association, Planned Parenthood Votes Northwest and Hawaii, American Civil Liberties Union of Hawaii, Healthy Mothers Healthy Babies Coalition of Hawaii, LGBT Caucus of the Democratic Party of Hawaii, Hawaii Children's Action Network Speaks!, Hawaii Women's Coalition, Hawaii Section of the American College of Obstetricians and Gynecologists, AAUW of Hawaii, Breastfeeding Hawaii, Midwives Alliance of Hawaii, Kokua Kalihi Valley, and forty-nine individuals. Your Committee received testimony in opposition to this measure from the Hawaii Medical Service Association, Hawaii Association of Health Plans, and one individual. Your Committee received comments on this measure from the Department of Commerce and Consumer Affairs, Department of the Attorney General, Kaiser Permanente Hawaii, Hawaii Primary Care Association, and American Family Life Assurance Company of Columbus.


Your Committee finds that the future of women's health has never been so uncertain. Given recent federal attacks on basic rights and health care, it is more important than ever that the Legislature acts to ensure that no one loses access to health care. Providing basic preventative care avoids the need for more expensive treatment and management down the road. Without legislative action, people in Hawaii will continue to delay care or forego care altogether due to high out-of-pocket costs, risking their health and economic security.


This measure safeguards our communities by codifying the Affordable Care Act's coverage requirements into state law and helps to ensure that women and LGBTQ individuals, regardless of gender, gender identity, or sexual orientation, do not lose access to no-copay preventive services and life-saving cancer screenings.


Your Committee has amended this measure by:


(1) Inserting an effective date of January 2, 2021; and


(2) 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. 2539, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2539, 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,