Bill Text: HI HB2774 | 2010 | Regular Session | Amended


Bill Title: Department of Human Services; QUEST

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-07-07 - (S) Became law without the Governor's signature, Act 205, 7/6/2010, (Gov. Msg. No. 697). [HB2774 Detail]

Download: Hawaii-2010-HB2774-Amended.html

 

 

CONFERENCE COMMITTEE REP. NO. 159-10

 

Honolulu, Hawaii

                 , 2010

 

RE:    H.B. No. 2774

       H.D. 2

       S.D. 2

       C.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Sir and Madam:

 

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2774, H.D. 2, S.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO HUMAN SERVICES,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this bill is to help maintain the level of services in programs administered by the Department of Human Services (DHS) by, among other things:

 

     (1)  Requiring DHS to include certain provisions regarding co-payments, prescription drug formularies, and medical necessity coverage in all contracts with managed-care organizations for the provision of Medicaid benefits under the QUEST program;

 

     (2)  Specifying requirements for the provision of psychotropic medication to patients covered under the QUEST, QUEST Expanded Access, and certain fee-for-service programs administered by DHS;

 

     (3)  Allowing DHS to issue death benefits in an amount equal to the Social Security Administration's lump-sum death benefit for qualifying individuals; and

 

     (4)  Prohibiting DHS from expending funds appropriated for Medicaid on any programs not specifically related to Medicaid or not authorized by the Legislature.

 

     Your Committee on Conference has amended this bill by:

 

     (1)  Deleting the provisions that require DHS to include certain provisions regarding co-payments, prescription drug formularies, and medical necessity coverage in all contracts with managed-care organizations for the provision of Medicaid benefits under the QUEST program;

 

     (2)  Prohibiting DHS from imposing any restriction or limitation on the coverage for, or a recipient's access to anti-anxiety medication with specified exceptions;

 

     (3)  Requiring prior authorization by the contracted health plan rather than the prescriber for coverage of a brand-name antidepressant or anti-anxiety medication if the individual does not have two failed attempts on a generic medication;

 

     (4)  Requiring that a supply of the prescribed antidepressant or anti-anxiety medication sufficient to last until a prior authorization request is resolved be covered, rather than a three-day supply;

 

     (5)  Specifying that a "failed attempt" refers to the prescribed generic antidepressant or anti-anxiety medication up to the maximum FDA-approved dosage;

 

     (6)  Deleting language that stated that measures to ensure patient safety shall not constitute a restriction or limitation on the coverage for, or a recipient's access to antidepressant or anti-anxiety medication;

 

     (7)  Authorizing DHS and its QUEST contracted health plans to investigate fraud, abuse, or misconduct;

 

     (8)  Requiring DHS, in conjunction with health care providers, health care plans, and mental health advocates to submit a report detailing the status of the implementation of the changes to psychotropic medication regulations, including specified information, to the 2011 Legislature;

 

     (9)  Inserting a ceiling of $5,000,000 on funds DHS may spend on the Hawaii Premium Plus Program for nine months beginning on May 1, 2010;

 

     (10) Inserting a two-year sunset date of June 30, 2012;

 

     (11) Changing the effective date to July 1, 2010; and

 

     (12) Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 2774, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2774, H.D. 2, S.D. 2, C.D. 1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE SENATE

 

ON THE PART OF THE HOUSE

 

____________________________

SUZANNE CHUN OAKLAND, Chair

 

____________________________

JOHN M. MIZUNO, Co-Chair

____________________________

DAVID Y. IGE, Co-Chair

 

____________________________

RYAN I. YAMANE, Co-Chair

____________________________

SHAN S. TSUTSUI, Co-Chair

 

____________________________

MARCUS R. OSHIRO, Co-Chair

 

 

 

 

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