STAND. COM. REP. NO. 3538

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.C.R. No. 145
                                        H.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which
was referred H.C.R. No. 145, H.D. 1, entitled: 

     "HOUSE CONCURRENT RESOLUTION REQUESTING THE INSURANCE
     COMMISSIONER TO DETERMINE WHETHER MOTOR VEHICLE REFORM UNDER
     ACT 251, SESSION LAWS OF HAWAII 1997, HAS IMPACTED CONSUMER
     ACCESS TO MEDICALLY REASONABLE, NECESSARY, AND APPROPRIATE
     REFERRAL TO MASSAGE THERAPY AND PHYSICAL THERAPY, AND IF
     THIS HAS CONTRIBUTED TO CONSUMER COST SAVINGS UNDER THE
     ACT,"

begs leave to report as follows:

     The purpose of this measure is to facilitate a determination
as to whether the reform of the motor vehicle insurance laws has
affected consumers' access to referrals for massage therapy and
physical therapy.

     Testimony on the measure was submitted by the Insurance
Commissioner, Hawaii State Chiropractic Association, Massage
Therapists Association of Hawaii, and Hawaii Chapter of the
American Physical Therapy Association. 

     After the enactment of Act 251, Session Laws of Hawaii 1997,
the measure that implemented reform of the motor vehicle
insurance laws, the practice of referring insureds to massage
therapists and physical therapists by chiropractors was no longer
permitted.  Although motor vehicle insurance premium rates have
decreased since the reform was implemented, it is uncertain
whether these savings are related to the restrictions on

 
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referrals and whether the restrictions have affected an insured's
ability to obtain a medically reasonable, necessary, and
appropriate referral for massage therapy and physical therapy.
This measure authorizes a study that would provide the
Legislature with a clearer understanding of the relationship
between the law's reform and savings in premium costs, and of how
the changes in the law have affected access to treatment for
victims of motor vehicle accidents. 

     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 concurs with the intent and purpose
of H.C.R. No. 145, H.D. 1, and recommends that it be referred to
the Committee on Ways and Means.

                                   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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