Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Human Services and Health, to which was referred H.B. No. 359 entitled:

beg leave to report as follows:

The purpose of this bill is to ensure the availability of health care for children at all times by giving a minor's caregiver the right to consent to health care services for the minor, if the caregiver possesses and presents an affidavit of caregiver consent.

The Kokua Council, Na Tutu-Grandparents Raising Grandchildren, Policy Advisory Board for Elder Affairs, and several concerned individuals testified in support of this bill. The Queen's Medical Center supported the intent of this measure with amendments.

Your Committees recognize the importance of providing adequate and effective health care to Hawaii's youth. Giving a minor's caregiver the right to consent to health care services allows a child to receive much-needed care when the child's parents, guardian, or legal custodian is otherwise unavailable.

However, your Committees note that concerns were raised regarding cases in which parents may not take financial responsibility for the care provided to their children if they did not consent to the treatment, such as in situations involving divorced parents.

As affirmed by the records of votes of the members of your Committees on Human Services and Health that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 359 and recommend that it pass Second Reading and be referred to the Committee on Judiciary.