Requires a physician to offer to refer a patient being examined in a primary care or emergency room setting to alcohol and drug abuse screening and counseling when the physician has good reason to suspect substance abuse by the patient. Clarifies that patient may accept or refuse the offer.

A BILL FOR AN ACT

SECTION 1. The legislature finds that screening individuals for substance abuse, counseling those who show risky behavior, and referring people to substance abuse treatment if needed are remarkably effective techniques to reduce alcohol and drug problems. The purpose of this Act is not to establish a mandated covered health insurance benefit. Rather, the purpose of this Act is to ensure that a referral to appropriate alcohol and drug abuse screening and counseling is offered to a patient when an examining physician in a primary care or emergency room setting has good reason to suspect substance abuse by the patient.

SECTION 2. Chapter 431, Hawaii Revised Statutes, is amended by adding a new section to article 10A to be appropriately designated and to read as follows:

"§431:10A-    Alcohol and drug abuse screening and counseling in emergency room or routine primary care. Any physician who is reimbursed under any employer group health policy, contract, plan, or agreement, issued or renewed in this State after December 31, 2006, shall offer to refer a patient being examined in a primary care or emergency room setting to alcohol and drug abuse screening and counseling when the physician has good reason to suspect alcohol or drug abuse by the patient. The patient shall have the right to accept or refuse the offer of referral."

SECTION 3. Chapter 432, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§432:1-    Alcohol and drug abuse screening and counseling in emergency room or routine primary care. Any physician who is employed by or reimbursed under any each individual and group hospital or medical service plan, policy, contract, or agreement, issued or renewed in this State after December 31, 2006, shall offer to refer a patient being examined in a primary care or emergency room setting to alcohol and drug abuse screening and counseling when the physician has good reason to suspect alcohol or drug abuse by the patient. The patient shall have the right to accept or refuse the offer of referral."

SECTION 4. Chapter 432D Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§432D-    Alcohol and drug abuse screening and counseling in emergency room or routine primary care. Any physician who is employed by or reimbursed under any health maintenance organization after December 31, 2006, shall offer to refer a patient being examined in a primary care or emergency room setting to alcohol and drug abuse screening and counseling when the physician has good reason to suspect alcohol or drug abuse by the patient. The patient shall have the right to accept or refuse the offer of referral."

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.