Bill Text: HI HB687 | 2018 | Regular Session | Amended
Bill Title: Relating To Insurance.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-02-16 - Report adopted. referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) DeCoite, Ing, Nakamura, Onishi, Woodson excused (5). [HB687 Detail]
Download: Hawaii-2018-HB687-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
687 |
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TWENTY-NINTH LEGISLATURE, 2017 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO INSURANCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
Critically ill patients in Hawaii may require treatment on the
continental United States. The cost of
transportation by an air ambulance can be a significant financial burden that
may not be covered by insurance. Commercial
flights are not an option because the patient requires life supporting
equipment and a medical support team.
For patients requiring transportation to
the continental United States, their only options are to mortgage their homes,
drain retirement savings, borrow from family or friends, or establish a
Gofundme.com campaign to raise funds.
During the time that a family is fundraising for a sick loved one, the
patient's condition can deteriorate rapidly and reduce the chance of
recovery. In addition, if the delay is
too great, then the accepting facility may give the patient's bed to another
individual and the patient is forced to find another accepting facility.
The legislature finds that Medicaid
currently covers the cost of transportation for Hawaii's most needy families,
but those who are middle-income earners and working full-time do not receive
coverage for the cost of transportation to the continental United States. The legislature also finds that due to
Hawaii's unique position in the middle of the Pacific Ocean, residents deserve
to receive life-saving medical care that is not available in the State.
The purpose of this Act is to ensure the
provision of quality health care by requiring insurance coverage for the costs
of transportation to the continental United States for qualifying patients.
SECTION 2. Chapter 431, Hawaii Revised Statutes, is amended by adding a new section to article 10A to be appropriately designated and to read as follows:
"§431:10A- Qualifying patients; transportation cost
coverage. Notwithstanding any
law to the contrary, each policy of accident and health or sickness insurance
issued or renewed in this State after December 31, 2018, providing coverage for
health care, except for policies that only provide coverage for specified diseases
or other limited benefit coverage, shall provide coverage for the costs of
transportation to the continental United States for qualifying patients.
For
purposes of this section, "qualifying patient" means a patient that
meets all of the following criteria:
(1) The patient displays a high risk of imminent
death with optimal available treatment in the State;
(2) The patient has a diagnosis of a
potentially reversible disease or is a potential candidate for a heart or lung,
or both, transplant, destination ventricular assist device, or total artificial
heart;
(3) The necessary treatment for the patient is
not available in the State;
(4) The patient shall not have any known
absolute contraindications to the out-of-state treatment being sought;
(5) The patient is not being transported for
the sole purpose of cancer treatment or bone marrow transplant; and
(6) There is a receiving medical facility that
has an accepting medical team and support capability to mitigate the immediate
risk of death."
SECTION 3.
Chapter 432, Hawaii Revised Statutes, is amended by adding a new section
to article I to be appropriately designated and to read as follows:
"§432:1- Qualifying patients; transportation cost
coverage. Notwithstanding any
law to the contrary, each hospital and medical service plan contract issued or
renewed in this State after December 31, 2018, shall provide coverage for the
costs of transportation to the continental United States for qualifying patients.
For
purposes of this section, "qualifying patient" means a patient that
meets all of the following criteria:
(1) The patient displays a high risk of
imminent death with optimal available treatment in the State;
(2) The patient has a diagnosis of a
potentially reversible disease or is a potential candidate for a heart or lung,
or both, transplant, destination ventricular assist device, or total artificial
heart;
(3) The necessary treatment for the patient is
not available in the State;
(4) The patient shall not have any known
absolute contraindications to the out-of-state treatment being sought;
(5) The patient is not being transported for
the sole purpose of cancer treatment or bone marrow transplant; and
(6) There is a receiving medical facility that has an accepting medical team and support capability to mitigate the immediate risk of death."
SECTION 4. Section 432D-23, Hawaii Revised Statutes, is amended to read as follows:
"§432D-23
Required provisions and benefits. Notwithstanding any provision of law to the
contrary, each policy, contract, plan, or agreement issued in the State after
January 1, 1995, by health maintenance organizations pursuant to this chapter,
shall include benefits provided in sections 431:10-212, 431:10A-115,
431:10A-115.5, 431:10A-116, 431:10A-116.2, 431:10A-116.5, 431:10A-116.6,
431:10A-119, 431:10A-120, 431:10A-121, 431:10A-122, 431:10A-125, 431:10A-126,
431:10A-132, 431:10A-133, 431:10A-140, [and] 431:10A-134, and
431:10A- , and chapter 431M."
SECTION 5. Notwithstanding section 432D-23, Hawaii Revised Statutes, the coverage and benefits for the transportation costs for qualifying patients provided by health maintenance organizations under section 4 of this Act shall apply to all policies, contracts, plans, or agreements issued or renewed in this State by a health maintenance organization after December 31, 2018.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 3000.
Report Title:
Insurance Coverage; Transportation Costs; Qualifying Patients
Description:
Requires insurance coverage after December 31, 2018, for the costs of transportation to the continental United States for medical treatment for qualifying patients. (HB687 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
