Bill Text: HI SB654 | 2014 | Regular Session | Amended


Bill Title: Mandatory Health Insurance Coverage; Tobacco Use Cessation

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB654 Detail]

Download: Hawaii-2014-SB654-Amended.html

THE SENATE

S.B. NO.

654

TWENTY-SEVENTH LEGISLATURE, 2013

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HEALTH INSURANCE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 431, Hawaii Revised Statutes, is amended by adding a new section to article 10A to be appropriately designated and to read as follows:

     "§431:10A-    Tobacco use cessation treatment coverage.  (a)  Notwithstanding section 23-51, or any mandates for tobacco use cessation coverage required by the federal Patient Protection and Affordable Care Act, P.L. 111-148, each individual and group accident and health or sickness insurance policy issued or renewed in this State after December 31, 2013, shall provide to the policyholder and the policyholder's covered dependents coverage for tobacco use cessation treatment.

     (b)  Every insurer shall provide notice to its policyholders regarding the coverage required by this section.  The notice shall be in writing and prominently positioned in any literature or correspondence sent to policyholders and shall be transmitted to policyholders within calendar year 2013 when annual information is made available to policyholders or in any other mailing to policyholders, but in no case later than December 31, 2013.

     (c)  Coverage provided under this section shall not be subject to copayment, deductible, and coinsurance provisions of a health insurance policy.  Tobacco use cessation coverage shall pay for counseling and medications and include coverage for:

     (1)  At least four counseling sessions of at least thirty minutes each; provided that counseling sessions shall include group, private, or telephone counseling;

     (2)  Pharmacotherapy, meaning those products identified for cessation use and listed by the United States Preventive Services Task Force, including prescription and over-the-counter nicotine replacement medications and non-nicotine cessation medications; and

     (3)  At least two tobacco use cessation attempts per year.

     (d)  This section shall not be construed as limiting benefits that are otherwise available to a policyholder under a health insurance policy."

     SECTION 2.  Chapter 432, Hawaii Revised Statutes, is amended by adding a new section to article 1 to be appropriately designated and to read as follows:

     "§432:1-    Tobacco use cessation treatment coverage.  (a)  Notwithstanding section 23-51, or any mandates for tobacco use cessation coverage required by the federal Patient Protection and Affordable Care Act, P.L. 111-148, each employer group health policy, contract, plan, or agreement issued or renewed in this State after December 31, 2013, shall provide to the subscriber and the subscriber's covered dependents coverage for tobacco use cessation treatment.

     (b)  Every insurer shall provide notice to its subscribers regarding the coverage required by this section.  The notice shall be in writing and prominently positioned in any literature or correspondence sent to subscribers and shall be transmitted to subscribers within calendar year 2013 when annual information is made available to subscribers or in any other mailing to subscribers, but in no case later than December 31, 2013.

     (c)  Coverage provided under this section shall not be subject to copayment, deductible, and coinsurance provisions of a health insurance policy.  Tobacco use cessation coverage shall pay for counseling and medications and include coverage for:

     (1)  At least four counseling sessions of at least thirty minutes each; provided that counseling sessions shall include group, private, or telephone counseling;

     (2)  Pharmacotherapy, meaning those products identified for cessation use and listed by the United States Preventive Services Task Force, including prescription and over-the-counter nicotine replacement medications and non-nicotine cessation medications; and

     (3)  At least two tobacco use cessation attempts per year.

     (d)  This section shall not be construed as limiting benefits that are otherwise available to a subscriber under a health insurance policy."

     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-125, 431:10A-126, 431:10A-122, and [431:10A-116.2,] 431:10A-   , and chapter 431M."
     SECTION 4.  Statutory material to be repealed is bracketed

and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050.



 

Report Title:

Mandatory Health Insurance Coverage; Tobacco Use Cessation

 

Description:

Mandates health insurance coverage for tobacco use cessation treatments.  Requires insurers to provide policyholders or subscribers information about tobacco use cessation treatment coverage.  Effective July 1, 2050.  (SB654 HD1)

 

 

 

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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