STAND. COM. REP. NO. 712

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 822
                                        S.D. 2




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which
was referred S.B. No. 822, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO HEALTH INSURANCE,"

begs leave to report as follows:

     The purpose of this measure is to require all health
insurers, mutual benefit societies and health maintenance
organizations to provide coverage for contraceptive services and
supplies.

     The Insurance Commissioner, the Department of Health, Hawaii
State Commission on the Status of Women, Family Planning Centers
of Hawaii, and several individuals presented testimony in support
of this measure.  Kaiser Permanente, Hawaii Family Forum, the
Hawaii Catholic Conference and Brigham Young University-Hawaii
presented testimony in opposition to the measure.  Hawaii Medical
Services Association presented comments and amendments to the
measure.

     Although not present at the hearing, Hawaii Women Lawyers,
Healthy Mothers Healthy Babies Coalition of Hawaii, and the
American Civil Liberties Union of Hawai`i submitted written
testimony in support of the measure.      

     Your Committee finds that women of reproductive age spend
68% more than men in out-of-pocket health care costs, with
contraceptive and reproductive services accounting for much of
the difference.  At the same time, women bear virtually all the

 
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physical risks and burdens associated with obtaining and using
contraceptives as well as those associated with unplanned
pregnancies.

     Your Committee further finds that this measure would:

     (1)  Reduce inequality between men and women in the
          provision of health insurance coverage and distribution
          of costs;

     (2)  Remove burdens on the right to privacy by eliminating
          some of the undue barriers to reasonably priced
          contraceptives and services; and

     (3)  Reduce the number of unplanned pregnancies, along with
          their attendant health risks and health care costs.  

     As a neutral, generally applicable law, aimed at achieving
gender parity in health care coverage while protecting the
private and personal decision to use contraceptives, your
Committee finds that this measure does not infringe on an
individual's religious freedom.

     Your Committee has amended this measure by adding a new
section that would exempt certain employers due to their
religious values.  Under this new section, an employer may
request a health insurance plan which excludes coverage for
contraceptive health care services that are contrary to the
employer's religious tenets.

     As affirmed by the record of votes of the members of your
Committee on Commerce and Consumer Protection that is attached to
this report, your Committee is in accord with the intent and
purpose of S.B. No. 822, S.D. 1, as amended herein, and
recommends that it pass Third Reading in the form attached hereto
as S.B. No. 822, S.D. 2.


 
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                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Commerce and
                                   Consumer Protection,



                                   ______________________________
                                   BRIAN KANNO, Co-Chair



                                   ______________________________
                                   BRIAN T. TANIGUCHI, Co-Chair

 
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