Honorable Robert Bunda

President of the Senate

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, H.D. 1, entitled:

beg leave to report as follows:

The purpose of this measure 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.

Your Committees received testimony in support of this measure from the Department of Human Services, AARP Hawaii, Hawaii Intergenerational Network, Hawaii Pacific Health, Kokua Council, Na Tutu Grandparents Raising Grandchildren Coalition, and seven individuals.

Your Committees find that many grandparents or other relatives are raising children without establishing guardianships or formal adoption. This measure authorizes caregivers who previously have obtained an affidavit of consent from the parent, custodian, or legal guardian to obtain non-emergency health care for the children in their care.

Your Committees have amended this measure by replacing its contents with the contents of S.B. No. 40, S.D. 1, which is substantively similar to this measure. Your Committees have also changed the effective date to be upon approval.

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, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 359, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.