Hawaii 2024 Regular Session

Hawaii House Bill HB482 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 482 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to medical care for minors. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 482
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to medical care for minors.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 577A-1, Hawaii Revised Statutes, is amended as follows: 1. By adding three new definitions to be appropriately inserted and to read: ""Covered entity" has the same meaning as in title 45 Code of Federal Regulations section 160.103. "Licensed health care provider" means a physician, osteopathic physician, or physician assistant licensed under chapter 453; or an advanced practice registered nurse licensed under chapter 457. "Sexually transmitted infection" means an infection that is commonly transmitted through sexual contact, including but not limited to human immunodeficiency virus infection." 2. By amending the definition of "medical care and services" to read: ""Medical care and services" means the diagnosis, examination, and administration of medication in the prevention or treatment of [venereal diseases,] sexually transmitted infections, pregnancy, and family planning services. It shall not include surgery or any treatment to induce abortion." SECTION 2. Section 577A-2, Hawaii Revised Statutes, is amended to read as follows: "§577A-2 Consent valid. (a) The consent to the provision of medical care and services by public and private hospitals or public and private clinics, or the performance of medical care and services by a [physician licensed to practice medicine or advanced practice registered nurse as defined in section 457‑2.7,] licensed health care provider, when executed by a female minor who is or professes to be pregnant, or by a minor who is or professes to be [afflicted with a venereal disease,] infected with, or to have been exposed to, a sexually transmitted infection, or a minor seeking family planning services shall be valid and binding as if the minor had achieved [his or her] the age of majority as the case may be; that is, a female minor who is, or professes to be pregnant, or a minor who is, or professes to be [afflicted with a venereal disease,] infected with, or to have been exposed to, a sexually transmitted infection, or a minor seeking family planning services shall be deemed to have, and shall have the same legal capacity to act, and the same legal obligations with regard to the giving of [such] consent to [such] hospitals and [such] clinics or consent to the performance of medical care and services [to be provided] by a [physician licensed to practice medicine or advanced practice registered nurse as defined in section 457‑2.7,] licensed health care provider, as a person of full legal age and capacity, the infancy of the minor and any contrary provisions of law notwithstanding[, and such]; provided that the consent shall not be subject to later disaffirmance by reason of [such] minority; [and] provided further that the consent of no other person or persons [(including], including but not limited to a spouse, parent, custodian, or guardian[)], shall be necessary in order to authorize [such] the hospitals or [such] clinics or the performance of medical care and services [provided] by a [physician licensed to practice medicine or advanced practice registered nurse as defined in section 457‑2.7,] licensed health care provider to [such a] the minor. (b) The licensed health care provider shall ensure that the covered entity has been notified that minor-initiated medical care and services should not be disclosed." SECTION 3. Section 577A-3, Hawaii Revised Statutes, is amended to read as follows: "§577A-3 Providing information. (a) Public and private hospitals, [or] public and private clinics, or [physicians licensed to practice medicine or advanced practice registered nurses as defined in section 457-2.7] licensed health care providers may, at the discretion of the treating [physician or advanced practice registered nurse,] licensed health care provider, inform the spouse, parent, custodian, or guardian of any minor patient of the provision of medical care and services to the minor or disclose any information pertaining to [such] the medical care and services after consulting with the minor patient to whom [such] the medical care and services have been provided under this chapter. (b) If the minor patient is not diagnosed as being pregnant or [afflicted with [a] venereal disease, such] having a sexually transmitted infection, this information as well as the application for diagnosis may be disclosed, at the discretion of the treating [physician or advanced practice registered nurse] licensed health care provider after consulting with the minor patient." SECTION 4. Section 577A-4, Hawaii Revised Statutes, is amended to read as follows: "§577A-4 Financial responsibility; counseling. (a) If a minor consents to receive medical care and services, the spouse, parent, custodian, or guardian of the minor patient shall not be liable for the legal obligations resulting from the furnishing of medical care and services provided by the public [and] or private hospital, public [and] or private clinic, or [physician licensed to practice medicine, or advanced practice registered nurse as defined in section 457-2.7.] licensed health care provider. A minor who consents to the provision of medical care and services under this section shall assume financial responsibility for the costs of such medical care and services. Any other law to the contrary notwithstanding, no spouse, parent, custodian, or guardian whose consent has not been obtained or who has no prior knowledge that the minor has consented to the provision of such medical care and services shall be liable for the costs incurred by virtue of the minor's consent. (b) Medical care and services shall include individual counseling for each minor patient by a [physician licensed to practice medicine or advanced practice registered nurse as defined in section 457-2.7. Such counseling] licensed health care provider. Counseling shall seek to open the lines of communication between parent and child. (c) A covered entity shall have policies and procedures established to maintain nondisclosure of the minor-initiated medical care and services to the parent or legal guardian in accordance with federal regulations, including title 45 Code of Federal Regulations part 164, subpart E. The licensed health care provider shall be entitled to submit a claim to the covered entity for the provision of minor-initiated medical care and services to the minor pursuant to this section, but shall not bill for out-of-pocket payments, copayments, coinsurance, or deductibles. (d) Upon notification from the licensed health care provider that minor-initiated medical care and services should not be disclosed, a covered entity shall not disclose to the minor's parent or legal guardian who is a policyholder or other covered person, any billing information, including payments made by the covered entity for minor-initiated medical care and services." SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect on July 1, 2023. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Section 577A-1, Hawaii Revised Statutes, is amended as follows:
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51	51	1. By adding three new definitions to be appropriately inserted and to read:
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53	53	""Covered entity" has the same meaning as in title 45 Code of Federal Regulations section 160.103.
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55	55	"Licensed health care provider" means a physician, osteopathic physician, or physician assistant licensed under chapter 453; or an advanced practice registered nurse licensed under chapter 457.
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57	57	"Sexually transmitted infection" means an infection that is commonly transmitted through sexual contact, including but not limited to human immunodeficiency virus infection."
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59	59	2. By amending the definition of "medical care and services" to read:
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61	61	""Medical care and services" means the diagnosis, examination, and administration of medication in the prevention or treatment of [venereal diseases,] sexually transmitted infections, pregnancy, and family planning services. It shall not include surgery or any treatment to induce abortion."
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63	63	SECTION 2. Section 577A-2, Hawaii Revised Statutes, is amended to read as follows:
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65	65	"§577A-2 Consent valid. (a) The consent to the provision of medical care and services by public and private hospitals or public and private clinics, or the performance of medical care and services by a [physician licensed to practice medicine or advanced practice registered nurse as defined in section 457‑2.7,] licensed health care provider, when executed by a female minor who is or professes to be pregnant, or by a minor who is or professes to be [afflicted with a venereal disease,] infected with, or to have been exposed to, a sexually transmitted infection, or a minor seeking family planning services shall be valid and binding as if the minor had achieved [his or her] the age of majority as the case may be; that is, a female minor who is, or professes to be pregnant, or a minor who is, or professes to be [afflicted with a venereal disease,] infected with, or to have been exposed to, a sexually transmitted infection, or a minor seeking family planning services shall be deemed to have, and shall have the same legal capacity to act, and the same legal obligations with regard to the giving of [such] consent to [such] hospitals and [such] clinics or consent to the performance of medical care and services [to be provided] by a [physician licensed to practice medicine or advanced practice registered nurse as defined in section 457‑2.7,] licensed health care provider, as a person of full legal age and capacity, the infancy of the minor and any contrary provisions of law notwithstanding[, and such]; provided that the consent shall not be subject to later disaffirmance by reason of [such] minority; [and] provided further that the consent of no other person or persons [(including], including but not limited to a spouse, parent, custodian, or guardian[)], shall be necessary in order to authorize [such] the hospitals or [such] clinics or the performance of medical care and services [provided] by a [physician licensed to practice medicine or advanced practice registered nurse as defined in section 457‑2.7,] licensed health care provider to [such a] the minor.
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67	67	(b) The licensed health care provider shall ensure that the covered entity has been notified that minor-initiated medical care and services should not be disclosed."
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69	69	SECTION 3. Section 577A-3, Hawaii Revised Statutes, is amended to read as follows:
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71	71	"§577A-3 Providing information. (a) Public and private hospitals, [or] public and private clinics, or [physicians licensed to practice medicine or advanced practice registered nurses as defined in section 457-2.7] licensed health care providers may, at the discretion of the treating [physician or advanced practice registered nurse,] licensed health care provider, inform the spouse, parent, custodian, or guardian of any minor patient of the provision of medical care and services to the minor or disclose any information pertaining to [such] the medical care and services after consulting with the minor patient to whom [such] the medical care and services have been provided under this chapter.
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73	73	(b) If the minor patient is not diagnosed as being pregnant or [afflicted with [a] venereal disease, such] having a sexually transmitted infection, this information as well as the application for diagnosis may be disclosed, at the discretion of the treating [physician or advanced practice registered nurse] licensed health care provider after consulting with the minor patient."
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75	75	SECTION 4. Section 577A-4, Hawaii Revised Statutes, is amended to read as follows:
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77	77	"§577A-4 Financial responsibility; counseling. (a) If a minor consents to receive medical care and services, the spouse, parent, custodian, or guardian of the minor patient shall not be liable for the legal obligations resulting from the furnishing of medical care and services provided by the public [and] or private hospital, public [and] or private clinic, or [physician licensed to practice medicine, or advanced practice registered nurse as defined in section 457-2.7.] licensed health care provider. A minor who consents to the provision of medical care and services under this section shall assume financial responsibility for the costs of such medical care and services. Any other law to the contrary notwithstanding, no spouse, parent, custodian, or guardian whose consent has not been obtained or who has no prior knowledge that the minor has consented to the provision of such medical care and services shall be liable for the costs incurred by virtue of the minor's consent.
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79	79	(b) Medical care and services shall include individual counseling for each minor patient by a [physician licensed to practice medicine or advanced practice registered nurse as defined in section 457-2.7. Such counseling] licensed health care provider. Counseling shall seek to open the lines of communication between parent and child.
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81	81	(c) A covered entity shall have policies and procedures established to maintain nondisclosure of the minor-initiated medical care and services to the parent or legal guardian in accordance with federal regulations, including title 45 Code of Federal Regulations part 164, subpart E. The licensed health care provider shall be entitled to submit a claim to the covered entity for the provision of minor-initiated medical care and services to the minor pursuant to this section, but shall not bill for out-of-pocket payments, copayments, coinsurance, or deductibles.
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83	83	(d) Upon notification from the licensed health care provider that minor-initiated medical care and services should not be disclosed, a covered entity shall not disclose to the minor's parent or legal guardian who is a policyholder or other covered person, any billing information, including payments made by the covered entity for minor-initiated medical care and services."
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85	85	SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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87	87	SECTION 6. This Act shall take effect on July 1, 2023.
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91	91	INTRODUCED BY: _____________________________
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93	93	INTRODUCED BY:
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101	101	Report Title: Medical Care; Minors; Covered Entity; Licensed Health Care Provider; Consent; Information; Financial Responsibility Description: Authorizes licensed osteopathic physicians and physician assistants, in addition to physicians and advance practice registered nurses, to provide minor-initiated medical care and services. Requires the licensed health care provider to ensure that the covered entity has been notified that minor-initiated medical care and services should not be disclosed. Requires the covered entity to have policies and procedures established to maintain nondisclosure of the minor-initiated medical care and services to the minor's parent or legal guardian. Authorizes the licensed health care provider to submit a claim to the covered entity for the provision of minor-initiated medical care and services. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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107	107	Report Title:
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109	109	Medical Care; Minors; Covered Entity; Licensed Health Care Provider; Consent; Information; Financial Responsibility
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113	113	Description:
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115	115	Authorizes licensed osteopathic physicians and physician assistants, in addition to physicians and advance practice registered nurses, to provide minor-initiated medical care and services. Requires the licensed health care provider to ensure that the covered entity has been notified that minor-initiated medical care and services should not be disclosed. Requires the covered entity to have policies and procedures established to maintain nondisclosure of the minor-initiated medical care and services to the minor's parent or legal guardian. Authorizes the licensed health care provider to submit a claim to the covered entity for the provision of minor-initiated medical care and services.
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123	123	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.