STAND. COM. REP. NO. 1273

Honolulu, Hawaii

, 2005

RE: S.B. No. 1420

S.D. 2

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1420, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PSYCHOTROPIC MEDICATION,"

begs leave to report as follows:

The purpose of this bill is to improve access to psychotropic medications by:

(1) Prohibiting the Department of Human Services (DHS) from restricting payments for access to psychotropic medication prescribed to the recipient by a licensed medical care provider;

(2) Providing that an individual in need of emergency psychiatric or psychological service is presumed eligible for psychotropic medication prescribed by a licensed medical care provider until an eligibility decision is made by DHS, and that DHS must reimburse costs for the medication and related physician services incurred during the presumptive eligibility period;

(3) Removing the preauthorization restrictions for licensed medical care providers prescribing psychotropic medication to individuals in need of emergency psychiatric or psychological service;

(4) Appropriating unspecified amounts for fiscal years 2005-2006 and 2006-2007 for DHS to provide unrestricted payment for and access to psychotropic medication; and

(5) Establishing a task force to study restrictions on psychotropic medication prescriptions.

The Hawaii Disability Rights Center, Mental Health Association in Hawaii, Mental Health Legislative Coalition, National Alliance for the Mentally Ill (NAMI)-Oahu, NAMI Hawaii, and numerous concerned individuals testified in support of this bill. The Department of the Health opposed this measure. The Department of the Attorney General and DHS offered comments.

Your Committee has amended this bill by:

(1) Defining "emergency psychiatric or psychological service" to mean immediate administration or prescription of psychotropic medication by a licensed medical care provider is required to avoid or mitigate significant adverse effects to the individual's mental or emotional condition;

(2) Specifying that an individual is presumed eligible for psychotropic medication if determined by a licensed medical care provider to be in need of emergency psychiatric or psychological service, and provided that the need for psychotropic medication shall be certified and prescribed by a licensed medical care provider;

(3) Requiring the task force to convene immediately upon the effective date of this measure;

(4) Appropriating an unspecified sum for the task force's expenses;

(5) Expanding the task force's duties to include:

(A) Reviewing and recommending the specific drugs or classes of drugs to be included in the list of psychotropic drugs;

(B) Examining the State's potential exposure to future litigation in providing a special eligibility process for a specific class of individuals, as opposed to all others, based upon a medical diagnosis; and

(C) Reviewing any other related issue deemed appropriate by DHS;

and

(6) Making technical, nonsubstantive amendments for clarity and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1420, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as S.B. No. 1420, S.D. 2, H.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

SYLVIA LUKE, Chair