RESOLUTION

WHEREAS, traumatic brain injury is an insult to the brain, not of a degenerative or congenital nature, caused by an external force that may produce a diminished or altered state of consciousness and which results in an impairment of cognitive abilities or physical functioning; and

WHEREAS, traumatic brain injury is a leading cause of death and disability among children and young adults; and

WHEREAS, survivors of traumatic brain injury can lead full lives, thanks to lifesaving medical techniques and rehabilitation services, but may face a long rehabilitation process that may not be covered by certain health benefit plans; and

WHEREAS, section 23-51, Hawaii Revised Statutes, requires that "[b]efore any legislative measure that mandates health insurance coverage for specific health services, specific diseases, or certain providers of health care services as part of individual or group health insurance policies, can be considered, there shall be concurrent resolutions passed requesting the auditor to prepare and submit to the legislature a report that assesses both the social and financial effects of the proposed mandated coverage"; and

WHEREAS, section 23-51 further provides that "[t]he concurrent resolutions shall designate a specific legislative bill that:

For the purposes of this part, mandated health insurance coverage shall not include mandated options"; and

WHEREAS, section 23-52, Hawaii Revised Statutes, further specifies the minimum information required for assessing the social and financial impact of the proposed health coverage mandate in the Auditor's report; and

WHEREAS, H.B. No. 1487 (2005), mandates health insurance coverage to survivors of brain injuries including, among other things, cognitive and neurocognitive therapy, neurobehavioral and neuropsychological testing or treatment, and necessary post-acute transition services or community reintegration activities for all policies and contracts, hospital and medical service plan contracts, medical service corporation contracts, and health maintenance organization plans and contracts issued after December 31, 2005; and

WHEREAS, the Legislature believes that mandatory health insurance coverage for survivors of brain injuries, as provided in H.B. No. 1487 (2005), will substantially assist survivors of traumatic brain injury in leading full lives; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, the Senate concurring, that the Auditor is requested to conduct an impact assessment report, pursuant to sections 23-51 and 23-52, Hawaii Revised Statutes, of the social and financial impacts of mandating coverage for survivors of brain injuries for all policies and contracts, hospital and medical service plan contracts, medical service corporation contracts, and health maintenance organization plans and contracts issued after December 31, 2005, as provided in H.B. No. 1487 (2005); and

BE IT FURTHER RESOLVED that the Auditor is requested to submit findings and recommendations to the Legislature, including any necessary implementing legislation, twenty days prior to the convening of the Regular Session of 2007; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor and to the Insurance Commissioner, who in turn is requested to transmit copies to each insurer in the State that issues health insurance policies.

Report Title:

Requiring health insurers to offer coverage for survivors of brain injuries.