Bill Text: HI SB2140 | 2012 | Regular Session | Amended

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Bill Title: Advance Health Care Directive; Medicaid

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-14 - (S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. [SB2140 Detail]

Download: Hawaii-2012-SB2140-Amended.html

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STAND. COM. REP. NO. 2152

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2140

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Human Services, to which was referred S.B. No. 2140 entitled:

 

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

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to require Medicaid recipients to complete an advance health care directive form.

 

     Your Committee received testimony in support of this measure from the Department of Human Services, the Consumer Family and Youth Alliance, and one individual.  Your Committee received testimony in opposition to this measure from the Hawaii Disability Rights Center and one individual.

 

     Your Committee finds that discussing advance health care directives with family members and primary care providers is important for end-of-life care and implementing end-of-life wishes.  However, your Committee also finds that mandating only Medicaid recipients to prepare advance health care directive forms, as proposed in this measure, appears discriminatory.  According to testimony, requiring completion of an advance health care directive for Medicaid eligibility would be a federal maintenance of effort violation that could jeopardize approximately $500,000,000 in federal funding for Medicaid.

 

     Your Committee has therefore amended this measure by:

 

     (1)  Deleting the language requiring Medicaid recipients to complete an advance health care directive form;

 

     (2)  Requiring the Department of Human Services to offer the option of completing the advance health care directive form and providing an advance health care directive form to Medicaid recipients;

 

     (3)  Permitting Medicaid recipients to submit completed advance health care directives to the recipient's primary health care provider; and

 

     (4)  Deleting language requiring that a directive that conflicts with an earlier directive revokes the earlier directive, as that provision already exists in section 327G-4, Hawaii Revised Statutes.

 

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2140, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2140, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Human Services,

 

		____________________________ SUZANNE CHUN OAKLAND, Chair