STAND. COM. REP. NO. 489

Honolulu, Hawaii

RE:    S.B. No. 1171

       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. 1171 entitled:

"A BILL FOR AN ACT RELATING TO MINORS,"

begs leave to report as follows:

     The purpose of this measure is to make it easier for minors without support to obtain medical care.

     Specifically, this measure allows a minor who is at least fourteen years old and not under the care, supervision, or control of a parent, custodian, or legal guardian, to consent to primary medical care and services.

     Testimony in support of this measure was submitted by Community Clinic of Maui, Hale Kipa, Hawaii Medical Association, Hawai‘i Primary Care Association, Hawaii Youth Services Network, Kaiser Permanente Hawaii, The Queen's Medical Center, Volunteer Legal Services Hawai‘i, Waikiki Health Center, and six individuals.  The Hawaii Medical Service Association submitted comments.

     Your Committee finds this measure will allow the approximately 1,000 youth living on their own to obtain needed medical care for acute illness or injury.  This group of minors is very vulnerable and many of them are homeless, running away from abusive situations or drug addicted parents.  Under existing law, these youths are unable to obtain medical care because physicians and clinics require parental consent for the treatment of minors because of concerns about liability.

     Your Committee finds that the measure provides clear definitions and a clear explanation of the scope and nature of medical care to which the minor can consent to and under what circumstances.

     Your Committee notes that the subject of physician liability in situations where a minor misrepresents that the minor is living on their own was raised in testimony at the hearing.  Your Committee suggests that the Committee on Judiciary and Labor may want to explore that issue further.

     Your Committee amended this measure to provide for a process for handling the minor's information when submitting claims for treatment to a health care plan.  Technical nonsubstantive changes were also made for the purposes of clarity and consistency.

     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. 1171, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1171, S.D. 1, and be referred to the Committee on Judiciary and Labor.

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

____________________________

DAVID Y. IGE, Chair