Bill Text: HI HB2141 | 2022 | Regular Session | Amended
Bill Title: Relating To Reports To The Legislature For The Department Of Human Services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-06-27 - Act 126, on 06/27/2022 (Gov. Msg. No. 1227). [HB2141 Detail]
Download: Hawaii-2022-HB2141-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2141 |
|
THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 1 |
|
|
STATE OF HAWAII |
S.D. 2 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO REPORTS TO THE LEGISLATURE FOR THE DEPARTMENT OF HUMAN SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to delete outdated or obsolete reporting requirements of the department of human services and office of youth services.
SECTION
2. Section 346-59.9, Hawaii Revised Statutes,
is amended to read as follows:
"§346-59.9 Psychotropic medication. (a) This
section shall apply only to the medicaid managed care and fee-for-service programs
administered by the department when the department or the department's contracted
health plan is the primary insurer. When
the department is the secondary insurer, the department and its contracted health
plans shall be responsible only for the secondary insurer's share of any psychotropic
medication covered by the primary insurer.
(b) The department and its contracted health plans
shall not impose any restriction or limitation on the coverage for, or a recipient's
access to, antipsychotic medication.
(c) The department and its contracted health plans
shall not impose any restriction or limitation on the coverage for, or a recipient's
access to, antidepressant medication other than:
(1) Requiring that an individual must have two failed
attempts on a generic antidepressant medication to receive coverage for a new brand-name
antidepressant prescription; and
(2) Requiring that if an individual does not have two
failed attempts on a generic antidepressant medication, that individual shall receive
coverage for a brand-name antidepressant medication with prior authorization by
the contracted health plan; provided that while a prior authorization request for
a brand-name antidepressant medication submitted by the prescriber is pending, a
supply of the prescribed medication sufficient to last until the request is resolved
shall be covered if requested by the prescriber.
For
purposes of this subsection, a "failed attempt" means that the prescribed
generic antidepressant medication up to the maximum FDA-approved dosage is not effective
in treating the individual, or the individual's compliance is compromised due to
the side effects caused by the medication.
(d) The department and its contracted health plans
shall not impose any restriction or limitation on the coverage for, or a recipient's
access to, anti-anxiety medication other than:
(1) Requiring that an individual must have two failed attempts on a generic anti-anxiety medication to receive coverage for a new brand-name anti-anxiety prescription; and
(2) Requiring that if an individual does not have two
failed attempts on a generic anti-anxiety medication, that individual shall receive
coverage for a brand-name anti-anxiety medication with prior authorization by the
contracted health plan; provided that while a prior authorization request for a
brand-name anti-anxiety medication submitted by the prescriber is pending, a supply
of the prescribed medication sufficient to last until the request is resolved shall
be covered if requested by the prescriber.
For
purposes of this subsection, a "failed attempt" means that the prescribed
generic anti-anxiety medication up to the maximum FDA-approved dosage is not effective
in treating the individual, or the individual's compliance is compromised due to
the side effects caused by the medication.
(e) The department and its contracted health plans
shall not require any individual stable on a brand-name antidepressant medication
on or before July 1, 2010, to transfer to a different antidepressant medication,
generic or brand-name, unless the individual's condition becomes unstable and requires
the medication to be replaced.
(f) The department and its contracted health plans
shall not require any individual stable on a brand-name anti-anxiety medication
on or before July 1, 2010, to transfer to a different anti-anxiety medication, generic
or brand-name, unless the individual's condition becomes unstable and requires the
medication to be replaced.
(g) The department and its medicaid managed care contracted
health plans shall have the authority to investigate fraud, abuse, or misconduct.
[(h)
The department shall report to the legislature
no later than twenty days before the convening of each regular session on:
(1) The number of brand-name and generic prescriptions
written to which this section applies; and
(2) The amount expended on brand-name prescriptions
and the amount expended on generic prescriptions written each fiscal year to which
this section applies.
(i)]
(h) All psychotropic medications covered
by this section shall be prescribed by a psychiatrist, a physician, or an advanced
practice registered nurse with prescriptive authority under chapter 457 and duly
licensed in the State.
[(j)]
(i) As used in this section:
"Anti-anxiety
medication" means those medications included in the United States Pharmacopeia's
anxiolytic therapeutic category.
"Antidepressant
medication" means those medications included in the United States Pharmacopeia's
antidepressant therapeutic category.
"Antipsychotic
medication" means those medications included in the United States Pharmacopeia's
antipsychotic therapeutic category.
"Psychotropic
medication" means only antipsychotic, antidepressant, or anti-anxiety medications
approved by the United States Food and Drug Administration for the treatment of
mental or emotional disorders."
SECTION
3. Section 346-54, Hawaii Revised Statutes, is repealed.
["§346-54 Report to the legislature. On or before January 1 of odd-numbered years the
director shall submit a report to the legislature concerning the adequacy of the
assistance allowance established by this chapter.
In
addition, should general fund expenditures for financial assistance and medical
payment increase at a rate greater than the rate of increase in general fund tax
revenues in any fiscal year, the director shall report such increases to the legislature
and make cost control recommendations that will control increases in general fund
public assistance expenditures. Cost control
recommendations shall include, but not be limited to, the following:
(1) Changes in eligibility
standards;
(2) Adjustments
to the assistance allowance;
(3) Alternatives to financial assistance for meeting
the needs essential to maintaining an adequate standard of living; and
(4) Adjustments
to medical payment fees and levels of service."]
SECTION
4. Act 281, Session Laws of Hawaii 2006,
is amended by repealing section 6.
["SECTION
6. The office of youth services, the department
of education, and the counties' parks and recreation departments shall convene annually
to share information on the best practices and outcomes. The office of youth services shall submit to the
legislature an annual report on the programs funded under this Act no later than
twenty days prior to the convening of each regular session, beginning with the regular
session of 2007."]
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Department of Human Services; Legislative Reports
Description:
Removes outdated reporting requirements for the Department of Human Services, including the Office of Youth Services. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
