STAND. COM. REP. NO.3299
Honolulu, Hawaii
, 2002
RE: H.B. No. 2618
H.D. 1
S.D. 2
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Sir:
Your Committee on Commerce, Consumer Protection and Housing, to which was referred H.B. No. 2618, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO INSURANCE,"
begs leave to report as follows:
The purpose of this measure is to allow an insured individual to assign insurance benefit payments for dental services to a dentist who is not a participating provider with the insured's health plan.
Your Committee received testimony in support of this measure from the Hawaii Dental Association, Hawaii Dental Hygienists Association, and fifty-four individuals. Testimony in opposition was received from the Hawaii Medical Service Association, AlohaCare, Hawaii Government Employees Association, Hawaii Association of Health Plans, and Hawaii Pacific Health.
This measure allows a consumer who receives dental services from a dentist who does not participate in the consumer's insurance plan to assign the consumer's insurance benefit payments to the nonparticipating dentist. This measure does not mandate equal reimbursement for nonparticipating providers.
Your Committee finds that this measure will facilitate consumer access to dental care, particularly in geographic areas where the number of participating providers is small, or where specialized dental services are needed. Your Committee notes that a 1997 Legislative Reference Bureau review of assignment of payment statutes in seven other states did not report any negative impacts as a result of the enactment of these laws. Further, since then, five more states have enacted similar laws, and no state has rescinded its assignment of payment law.
Your Committee has amended this measure to:
(1) Require that, prior to treatment, a nonparticipating dentist provide the insured with written disclosure that states that the dentist is not a participating provider and the insured will not be covered by the protections afforded to members of the dental services plan, and that provides a good faith estimate of the insured's out-of-pocket costs;
(2) Require that the disclosure be provided to the insured separate from other information and signed by the insured prior to rendering service;
(3) Provide that the insurer is not obligated to assign payments to the nonparticipating provider if the insurer has not received the signed disclosure; and
(4) Require the insurer to provide the nonparticipating provider with a schedule of its eligible charges upon written request from the latter.
Your Committee also amended this measure by delaying its effective date to January 1, 2050.
As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2618, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2618, H.D. 1, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection and Housing,
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____________________________ RON MENOR, Chair |
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