Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Commerce, Consumer Protection, and Housing and Ways and Means, to which was referred H.B. No. 1051, H.D. 2, S.D. 1, entitled:

beg leave to report as follows:

The purpose of this measure is to facilitate access to psychotropic medications by Medicaid recipients.

The Hawaii Disability Rights Center, Mental Health Association in Hawaii, NAMI Oahu, NAMI Hawaii, Hoffman-La Roche, Inc., Hepatitis Prevention, Education, Treatment, and Support Network of Hawaii, and four individuals testified in support of this measure. The Department of Human Services (DHS) and Department of Health opposed the measure.

This measure prohibits DHS from imposing payment restrictions on or limiting access to psychotropic medications prescribed by licensed medical care providers for Medicaid recipients. Additionally, this measure establishes a presumptive eligibility for Medicaid for applicants requiring emergency psychiatric or psychological services, and exempts the prescription of psychotropic medications from the preauthorization requirement. Finally, this measure appropriates an undetermined sum for psychotropic medication coverage for Medicaid recipients.

Your Committees have amended this measure by inserting additional language contained in S.B. No. 1624, S.D. 1, a measure previously approved by your Committees on Commerce, Consumer Protection and Housing and Health. As amended, this measure also exempts from the preauthorization requirement medications prescribed for Medicaid recipients to treat the human immunodeficiency virus, acquired immune deficiency syndrome, and hepatitis C, and immunosuppressive drugs prescribed for Medicaid recipients with organ transplants.

Your Committees also made technical changes to the measure for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Commerce, Consumer Protection, and Housing and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1051, H.D. 2, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 1051, H.D. 2, S.D. 2.