Hawaii 2025 Regular Session

Hawaii Senate Bill SB46 Compare Versions

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

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1	1	THE SENATE S.B. NO. 46 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT RELATING TO INSURANCE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 46
4	4	THIRTY-THIRD LEGISLATURE, 2025
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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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 INSURANCE.
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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. Chapter 431, Hawaii Revised Statutes, is amended by adding a new section to article 10A, part I, to be appropriately designated and to read as follows: "§431:10A- Annual mental health wellness examination coverage. (a) Each individual and group policy of accident and health or sickness insurance issued or renewed in the State after December 31, 2025, except for policies that only provide coverage for a specified disease or other limited benefit coverage as described in section 431:10A-607, shall provide coverage for an annual mental health wellness examination; provided that each covered annual mental health wellness examination: (1) Shall be: (A) Up to sixty minutes in duration; (B) Performed by a qualified mental health care provider; and (C) Exempt from any deductible or copayment provisions that may be in force in an applicable policy or contract; and (2) May include: (A) Observation; (B) A behavioral health screening; (C) Education and consultation on healthy lifestyle changes; (D) Referrals for ongoing treatment, mental health services, and other necessary supports; (E) Discussion of potential options for medication; (F) Age-appropriate screenings or observations to understand a covered person's mental health history, personal history, and mental or cognitive state; and (G) If appropriate, relevant adult input through screenings, interviews, and questions. (b) The coverage required by this section shall: (1) Be at least as extensive as coverage for a physical examination; and (2) Comply with the requirements of the Mental Health Parity and Addiction Equity Act of 2008. (c) Each accident and health or sickness insurer shall reimburse any qualified mental health care provider complying with this section for all costs associated with the coverage required by this section. (d) For purposes of this section: "Mental health wellness examination" means an examination to identify a covered person's behavioral or mental health needs and any appropriate resources for treatment. "Qualified mental health care provider" includes: (1) A physician licensed pursuant to chapter 453, who is board certified in psychiatry or another mental or behavioral health care area; (2) A physician assistant licensed pursuant to chapter 453, who is trained in psychiatry or mental health; (3) A psychologist licensed pursuant to chapter 465; (4) A clinical social worker licensed pursuant to chapter 467E; (5) A marriage and family therapist licensed pursuant to chapter 451J; (6) A mental health counselor licensed pursuant to chapter 453D; (7) A substance abuse counselor certified pursuant to section 321-193(10); or (8) An advanced practice registered nurse licensed pursuant to chapter 457, who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization." SECTION 2. 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- Annual mental health wellness examination coverage. (a) Each individual or group hospital or medical service plan contract issued or renewed in this State after December 31, 2025, shall provide coverage for an annual mental health wellness examination; provided that each covered annual mental health wellness examination: (1) Shall be: (A) Up to sixty minutes in duration; (B) Performed by a qualified mental health care provider; and (C) Exempt from any deductible or copayment provisions that may be in force in any contract; and (2) May include: (A) Observation; (B) A behavioral health screening; (C) Education and consultation on healthy lifestyle changes; (D) Referrals for ongoing treatment, mental health services, and other necessary supports; (E) Discussion of potential options for medication; (F) Age-appropriate screenings or observations to understand a covered person's mental health history, personal history, and mental or cognitive state; and (G) If appropriate, relevant adult input through screenings, interviews, and questions. (b) The coverage required by this section shall: (1) Be at least as extensive as coverage for a physical examination; and (2) Comply with the requirements of the Mental Health Parity and Addiction Equity Act of 2008. (c) Each mutual benefit society shall reimburse any qualified mental health care provider complying with this section for all costs associated with the coverage required by this section. (d) For purposes of this section: "Mental health wellness examination" means an examination to identify a covered person's behavioral or mental health needs and any appropriate resources for treatment. "Qualified mental health care provider" includes: (1) A physician licensed pursuant to chapter 453, who is board certified in psychiatry or another mental or behavioral health care area; (2) A physician assistant licensed pursuant to chapter 453, who is trained in psychiatry or mental health; (3) A psychologist licensed pursuant to chapter 465; (4) A clinical social worker licensed pursuant to chapter 467E; (5) A marriage and family therapist licensed pursuant to chapter 451J; (6) A mental health counselor licensed pursuant to chapter 453D; (7) A substance abuse counselor certified pursuant to section 321-193(10); or (8) An advanced practice registered nurse licensed pursuant to chapter 457, who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization." SECTION 3. 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-134, 431:10A-140, and [431:10A-134,] 431:10A- , and chapter 431M." SECTION 4. The coverage required under sections 1, 2, and 3 of this Act shall apply to all plans under Medicaid managed care programs in the State. 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, 2025; provided that sections 1, 2, and 3 shall apply to all policies, contracts, plans, or agreements issued or renewed in the State after December 31, 2025; provided further that section 4 shall take effect upon approval of the Hawaii medicaid state plan by the Centers for Medicare and Medicaid Services. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Chapter 431, Hawaii Revised Statutes, is amended by adding a new section to article 10A, part I, to be appropriately designated and to read as follows:
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51	51	"§431:10A- Annual mental health wellness examination coverage. (a) Each individual and group policy of accident and health or sickness insurance issued or renewed in the State after December 31, 2025, except for policies that only provide coverage for a specified disease or other limited benefit coverage as described in section 431:10A-607, shall provide coverage for an annual mental health wellness examination; provided that each covered annual mental health wellness examination:
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53	53	(1) Shall be:
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55	55	(A) Up to sixty minutes in duration;
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57	57	(B) Performed by a qualified mental health care provider; and
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59	59	(C) Exempt from any deductible or copayment provisions that may be in force in an applicable policy or contract; and
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61	61	(2) May include:
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63	63	(A) Observation;
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65	65	(B) A behavioral health screening;
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67	67	(C) Education and consultation on healthy lifestyle changes;
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69	69	(D) Referrals for ongoing treatment, mental health services, and other necessary supports;
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71	71	(E) Discussion of potential options for medication;
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73	73	(F) Age-appropriate screenings or observations to understand a covered person's mental health history, personal history, and mental or cognitive state; and
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75	75	(G) If appropriate, relevant adult input through screenings, interviews, and questions.
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77	77	(b) The coverage required by this section shall:
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79	79	(1) Be at least as extensive as coverage for a physical examination; and
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81	81	(2) Comply with the requirements of the Mental Health Parity and Addiction Equity Act of 2008.
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83	83	(c) Each accident and health or sickness insurer shall reimburse any qualified mental health care provider complying with this section for all costs associated with the coverage required by this section.
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85	85	(d) For purposes of this section:
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87	87	"Mental health wellness examination" means an examination to identify a covered person's behavioral or mental health needs and any appropriate resources for treatment.
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89	89	"Qualified mental health care provider" includes:
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91	91	(1) A physician licensed pursuant to chapter 453, who is board certified in psychiatry or another mental or behavioral health care area;
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93	93	(2) A physician assistant licensed pursuant to chapter 453, who is trained in psychiatry or mental health;
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95	95	(3) A psychologist licensed pursuant to chapter 465;
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97	97	(4) A clinical social worker licensed pursuant to chapter 467E;
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99	99	(5) A marriage and family therapist licensed pursuant to chapter 451J;
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101	101	(6) A mental health counselor licensed pursuant to chapter 453D;
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103	103	(7) A substance abuse counselor certified pursuant to section 321-193(10); or
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105	105	(8) An advanced practice registered nurse licensed pursuant to chapter 457, who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization."
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107	107	SECTION 2. Chapter 432, Hawaii Revised Statutes, is amended by adding a new section to article I to be appropriately designated and to read as follows:
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109	109	"§432:1- Annual mental health wellness examination coverage. (a) Each individual or group hospital or medical service plan contract issued or renewed in this State after December 31, 2025, shall provide coverage for an annual mental health wellness examination; provided that each covered annual mental health wellness examination:
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111	111	(1) Shall be:
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113	113	(A) Up to sixty minutes in duration;
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115	115	(B) Performed by a qualified mental health care provider; and
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117	117	(C) Exempt from any deductible or copayment provisions that may be in force in any contract; and
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119	119	(2) May include:
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121	121	(A) Observation;
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123	123	(B) A behavioral health screening;
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125	125	(C) Education and consultation on healthy lifestyle changes;
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127	127	(D) Referrals for ongoing treatment, mental health services, and other necessary supports;
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129	129	(E) Discussion of potential options for medication;
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131	131	(F) Age-appropriate screenings or observations to understand a covered person's mental health history, personal history, and mental or cognitive state; and
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133	133	(G) If appropriate, relevant adult input through screenings, interviews, and questions.
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135	135	(b) The coverage required by this section shall:
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137	137	(1) Be at least as extensive as coverage for a physical examination; and
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139	139	(2) Comply with the requirements of the Mental Health Parity and Addiction Equity Act of 2008.
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141	141	(c) Each mutual benefit society shall reimburse any qualified mental health care provider complying with this section for all costs associated with the coverage required by this section.
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143	143	(d) For purposes of this section:
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145	145	"Mental health wellness examination" means an examination to identify a covered person's behavioral or mental health needs and any appropriate resources for treatment.
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147	147	"Qualified mental health care provider" includes:
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149	149	(1) A physician licensed pursuant to chapter 453, who is board certified in psychiatry or another mental or behavioral health care area;
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151	151	(2) A physician assistant licensed pursuant to chapter 453, who is trained in psychiatry or mental health;
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153	153	(3) A psychologist licensed pursuant to chapter 465;
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155	155	(4) A clinical social worker licensed pursuant to chapter 467E;
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157	157	(5) A marriage and family therapist licensed pursuant to chapter 451J;
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159	159	(6) A mental health counselor licensed pursuant to chapter 453D;
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161	161	(7) A substance abuse counselor certified pursuant to section 321-193(10); or
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163	163	(8) An advanced practice registered nurse licensed pursuant to chapter 457, who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization."
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165	165	SECTION 3. Section 432D-23, Hawaii Revised Statutes, is amended to read as follows:
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167	167	"§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-134, 431:10A-140, and [431:10A-134,] 431:10A- , and chapter 431M."
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169	169	SECTION 4. The coverage required under sections 1, 2, and 3 of this Act shall apply to all plans under Medicaid managed care programs in the State.
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171	171	SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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173	173	SECTION 6. This Act shall take effect on July 1, 2025; provided that sections 1, 2, and 3 shall apply to all policies, contracts, plans, or agreements issued or renewed in the State after December 31, 2025; provided further that section 4 shall take effect upon approval of the Hawaii medicaid state plan by the Centers for Medicare and Medicaid Services.
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177	177	INTRODUCED BY: _____________________________
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179	179	INTRODUCED BY:
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181	181	_____________________________
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187	187	Report Title: Health Insurance; Mandated Coverage; Annual Mental Health Wellness Examination Description: Requires all health insurers in the state, including Medicaid managed care programs, to cover annual mental health wellness examinations. 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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195	195	Report Title:
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197	197	Health Insurance; Mandated Coverage; Annual Mental Health Wellness Examination
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201	201	Description:
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203	203	Requires all health insurers in the state, including Medicaid managed care programs, to cover annual mental health wellness examinations.
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211	211	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.