Hawaii Senate Bill SB1041

Hawaii 2025 Regular Session

• Introduced: 1/17/25
• Refer: 1/23/25

Caption

Relating To Health.

Impact

If enacted, this bill would require healthcare facilities to develop and maintain a 'service availability form,' which identifies the healthcare services unavailable at each facility. The Department of Health will oversee the creation of this form and ensure that it is updated regularly. Furthermore, each facility will be mandated to distribute this form as part of the informed consent process prior to treatment. Noncompliance would result in penalties, underlining the importance of adherence to these new requirements.

Summary

Senate Bill 1041, also known as the 'Patient's Right to Know Act,' aims to enhance transparency regarding healthcare services provided by medical facilities in Hawaii. The bill mandates that healthcare facilities publicly disclose the services they refuse to provide for nonmedical reasons, such as sterilization, abortion, and other crucial healthcare services. The legislation is rooted in the belief that patients have the right to make informed decisions about their healthcare based on complete and accurate information. This transparency is particularly important for vulnerable populations like the LGBTQ+ community and those in rural areas who may face disparities in access to necessary health services.

Contention

Notable points of contention around SB1041 include concerns regarding how these nonmedical refusals can disproportionately affect marginalized communities and generate emotional and psychological distress due to the lack of timely care. Proponents argue that the bill is crucial for safeguarding patient autonomy and ensuring equitable healthcare access, while critics may point to potential administrative burden and resistance from certain healthcare providers reluctant to disclose their practices.

Legal framework

The bill introduces amendments to the Hawaii Revised Statutes, establishing clear definitions for 'covered entities' and 'denial of care.' This clarity aids in understanding what constitutes a nonmedical refusal and sets a foundation for the accountability of healthcare facilities under the new regulations. By fostering an environment of communication and accountability, SB1041 aims to build public trust in the healthcare system.