STAND. COM. REP. NO. 96

Honolulu, Hawaii

RE:    S.B. No. 240

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Health, to which was referred S.B. No. 240 entitled:

"A BILL FOR AN ACT RELATING TO NEUROTRAUMA,"

begs leave to report as follows:

     The purpose of this measure is to authorize the Neurotrauma Special Fund to be used for funding direct services that assist individuals with neurotraumatic injuries.

     Your Committee received testimony in support of this measure from the Hawaii Disability Rights Center, the Occupational Therapy Association of Hawaii, Hawaii Centers for Independent Living, Hawaii Psychiatric Medical Association, the Center on Disability Studies, and three individuals.  Your Committee received testimony in opposition to this measure from the Governor's Policy Office.  Testimony making comments on this measure was submitted by the Department of Health, the Department of Human Services, and the Department of Budget and Finance.

     Your Committee finds that individuals with neurotraumatic injuries are in need of basic health and human services.  Your Committee further finds that many of these individuals do not qualify for services from the Developmental Disabilities Division or the Adult Mental Health Division of the Department of Health.

     It is the intent of your Committee to ensure that individuals with neurotraumatic injuries receive the direct services they need, by authorizing the Neurotrauma Special Fund to pay for these services.  Further, it is not the intent of your Committee to place the State in a position of vulnerability that would subject the State to liability in the event of insufficient resources in the Neurotrauma Special Fund to pay for direct services.

     Accordingly, your Committee amended this measure by adding a limitation of liability provision stating that the responsibilities of the Department of Health are limited to the resources available and that no action may be brought to compel the provision of further services.

     Your Committee further amended this measure by changing the effective date for the purpose of encouraging further discussion on this matter.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 240, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 240, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

DAVID Y. IGE, Chair