STAND. COM. REP. NO. 2509

Honolulu, Hawaii

RE:    S.B. No. 3078

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Health, to which was referred S.B. No. 3078 entitled:

"A BILL FOR AN ACT RELATING TO WORKSITE WELLNESS PROGRAMS,"

begs leave to report as follows:

     The purpose of this measure is to promote healthy lifestyles by encouraging worksite wellness programs by state and county governments by expressly providing workers' compensation benefits to employees injured during voluntary participation in worksite wellness programs.

     Specifically, this measure grants immunity to employers from personal injury claims by an injured employee worksite wellness program participant where the employee is provided workers' compensation benefits.

     Your Committee received testimony in support of this measure from the Department of Health, the Hawaii Government Employees Association, the Hawaii State Teachers Association, United Public Workers, and Consumer Lawyers of Hawaii.

     Your Committee finds that worksite wellness programs have shown to promote healthy behaviors and reduce health care costs.  However, the threat of liability if an employee is injured during participation in one of these programs has hindered employers from implementing them.

     Your Committee has amended this measure by:

     (1)  Inserting language clarifying that the immunity clause is intended to apply to worksite wellness program participants, and not to third parties; and

     (2)  Making technical, nonsubstantive changes for the purposes of clarity, consistency, and style.

     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. 3078, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3078, 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