Hawaii-2011-SCR45-Introduced

WHEREAS, traumatic brain injury is severe damage to the brain caused by an external force that may produce a diminished or altered state of consciousness and may result in an impairment of cognitive abilities or physical functioning; and

WHEREAS, traumatic brain injury is a leading cause of death and disability among children and young adults; and

WHEREAS, survivors of brain injuries can lead full lives, thanks to lifesaving medical techniques and rehabilitation services; and

WHEREAS, survivors face a long rehabilitation process that may not be covered by certain health benefit plans; and

WHEREAS, it is important to ensure that insurers, hospital and medical services plans, and health maintenance organizations cover all forms of necessary and effective treatment for survivors of traumatic brain injuries in this State; and

WHEREAS, section 23-51, Hawaii Revised Statutes, requires that "[b]efore any legislative measure that mandates health insurance coverage for specific health services, specific diseases, or certain providers of health care services as part of individual or group health insurance policies, can be considered, there shall be concurrent resolutions passed requesting the auditor to prepare and submit to the legislature a report that assesses both the social and financial effects of the proposed mandated coverage"; and

WHEREAS, section 23-51, Hawaii Revised Statutes, further provides that "[t]he concurrent resolutions shall designate a specific legislative bill that:

(1) Has been introduced in the legislature; and

(2) Includes, at a minimum, information identifying the:

(A) Specific health service, disease, or provider that would be covered;

(B) Extent of the coverage;

(D) Limits on utilization, if any; and

(E) Standards of care.

For purposes of this part, mandated health insurance coverage shall not include mandated optionals"; and

WHEREAS, section 23-52, Hawaii Revised Statutes, further specifies the minimum information required for assessing the social and financial impact of the proposed health coverage mandate in the Auditor's report; and

WHEREAS, S.B. No. 948 (2011) mandates coverage for therapy and services as a result of and related to acquired brain injuries for all individual and group hospital or medical service plans, policies, contracts, or agreements effective January 1, 2012; and

WHEREAS, the Legislature believes that coverage for therapy and services as a result of and related to acquired brain injuries, as provided in S.B. No. 948 (2011), will help survivors of acquired brain injuries in this State lead full, productive lives; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, the House of Representatives concurring, that the Auditor is requested to conduct an impact assessment report, pursuant to sections 23-51 and 23-52, Hawaii Revised Statutes, of the social and financial impacts of mandating therapy and services for survivors of acquired brain injuries for all individual and group hospital or medical service plans, policies, contracts, or agreements effective as of January 1, 2012, as provided in S.B. No. 948 (2011); and

BE IT FURTHER RESOLVED that the Auditor is requested to submit findings and recommendations to the Legislature, including any necessary implementing legislation, no later than twenty days prior to the convening of the Regular Session of 2012; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor and to the Insurance Commissioner, who, in turn, is requested to transmit copies to each insurer in the State that issues health insurance policies.

	OFFERED BY:	_____________________________

Report Title:

Brain Injuries; Health

THE SENATE	S.C.R. NO.	45
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII