Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 1420, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to prohibit the Department of Human Services (Department) from restricting payment for a recipient's access to psychotropic medication.

Furthermore, this bill defines "psychotropic medication" and acknowledges that any individual "who is in need of emergency psychiatric or psychological services and who has not yet received an eligibility decision from the department (of human services) shall be presumed eligible ... until an eligibility decision is made...". The psychotropic medication must be prescribed by "a licensed medical care provider". The Department must reimburse any costs associated with the medication and concomitant physician services during the presumptive eligibility period. The bill further allows a "medical care provider" to prescribe psychotropic medication to an individual who is either Medicaid eligible or presumed eligible without any preauthorization procedure. Finally, this bill appropriates an unspecified amount in fiscal year 2005-2006 and in fiscal year 2006-2007 for the Department to provide unrestricted payment for and access to psychotropic medication for recipients.

Your Committee wishes to note that presumptive eligibility may be overly broad and unqualified so as to possibly occasion misuse. It is your Committee's desire that this issue undergo further discussion.

Your Committee has amended this bill to clarify the definition of "licensed medical care provider" as any "medical professional licensed in Hawaii to prescribe psychotropic medications". Your Committee also made other technical, nonsubstantive amendments for the purpose of clarity and changed the effective date of the bill to July 1, 2099.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1420, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1420, S.D. 2.