STAND. COM. REP. NO. 289

Honolulu, Hawaii

RE:    S.B. No. 1178

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Health, to which was referred S.B. No. 1178 entitled:

"A BILL FOR AN ACT RELATING TO HEALTH,"

begs leave to report as follows:

     The purpose of this measure is to ensure the safety of dialysis patients in an emergency situation by requiring all dialysis centers in Hawaii to have backup emergency generators with the capacity to sustain dialysis treatments and the center's water treatment system.

     Your Committee received testimony in support of this measure from two individuals.  Your Committee received testimony in support of intent of this measure with comments from the National Kidney Foundation, Liberty Dialysis, and the Policy Advisory Board for Elder Affairs.  Your Committee received testimony in opposition to this measure from the Department of Health.

     Copies of written testimony are available for review on the Legislature's website.

     Your Committee finds that a more comprehensive approach is necessary to ensure the safety of dialysis patients in the event of an emergency.  Federal regulations require every dialysis clinic to have an emergency plan and are required to conduct periodic drills.  In the event of an area wide major emergency, all medical care institutions may be damaged.  Currently, the Centers for Medicaid and Medicare Services are in the process of determining whether life safety measures should require backup generators in all dialysis facilities.

Your Committee further finds that the Department of Health is the appropriate agency to ensure that emergency plans are properly in place and implemented to ensure the safety of all dialysis patients.

     Accordingly, your Committee has amended this measure by:

     (1)  Removing the requirement that all dialysis centers in Hawaii have backup emergency generators;

     (2)  Requiring the Department of Health to review emergency plans and develop guidelines of all dialysis centers in the State to ensure the safety of dialysis patients in the event of a public emergency; and

     (3)  Requiring the Department to post on its website a list of all dialysis centers in Hawaii that have backup emergency generators with the capacity to sustain dialysis treatments and maintain their water treatment system.

     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. 1178, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1178, S.D. 1, and be referred to the Committee on Commerce and Consumer Protection.

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

____________________________

DAVID Y. IGE, Chair