HOUSE OF REPRESENTATIVES

H.B. NO.

421

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to health insurance.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 431, article 10A, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§431:10A-A  Coverage of servicing and repairs to motorized wheelchairs and electronic convenience vehicles.  Each policy of accident and health or sickness insurance, providing coverage for health care, including long-term care, that is issued or renewed in this State, shall provide coverage of servicing and repairs to motorized wheelchairs and electronic convenience vehicles; provided that:

     (1)  The motorized wheelchair or electronic convenience vehicle is medically necessary; and

     (2)  The motorized wheelchair or electronic convenience vehicle is prescribed by a health care professional authorized to prescribe such a device."

     SECTION 2.  Chapter 431, article 10A, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§431:10A-B  Coverage of servicing and repairs to motorized wheelchairs and electronic convenience vehicles.  Each policy of group or blanket disability insurance, providing coverage for health care, including long-term care, that is issued or renewed in this State, shall provide coverage of servicing and repairs to motorized wheelchairs and electronic convenience vehicles; provided that:

     (1)  The motorized wheelchair or electronic convenience vehicle is medically necessary; and

     (2)  The motorized wheelchair or electronic convenience vehicle is prescribed by a health care professional authorized to prescribe such a device."

     SECTION 3.  Chapter 432, article 1, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:

     "§432:1-C  Coverage of servicing and repairs to motorized wheelchairs and electronic convenience vehicles.  Each individual and group hospital and medical service corporation contract providing coverage for health care, including long-term care, that is issued or renewed in this State, shall provide coverage of servicing and repairs to motorized wheelchairs and electronic convenience vehicles; provided that:

     (1)  The motorized wheelchair or electronic convenience vehicle is medically necessary; and

     (2)  The motorized wheelchair or electronic convenience vehicle is prescribed by a health care professional authorized to prescribe such a device."

     SECTION 4.  Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§481B-D  Motorized wheelchairs and electronic convenience vehicles.  (a)  It shall be an unlawful practice under this chapter for any person engaged in the business of selling or leasing motorized wheelchairs or electronic convenience vehicles to fail provide customers, through warranty or otherwise, directly or through a contractor, with on-call repair services at any time of the day or night, seven days a week, to service an emergency breakdown affecting a motorized wheelchair or electronic convenience vehicle.

     (b)  It shall further be an unlawful practice under this chapter for any person who engages in the business of servicing or repairing motorized wheelchairs or electronic convenience vehicles to fail to provide customers with loaners or rentals while the motorized wheelchair or electronic convenience vehicle is being serviced or repaired.

     (c)  The term "person" shall have the same meaning ascribed to the term in section 481B-21."

     SECTION 5.  Section 432D-23, Hawaii Revised Statutes, is amended to read as follows:

     "§432D-23  Required provisions and benefits.  Notwithstanding any provision of law to the contrary, each policy, contract, plan, or agreement issued in the State after January 1, 1995, by health maintenance organizations pursuant to this chapter, shall include benefits provided in sections 431:10-212, 431:10A-115, 431:10A-115.5, 431:10A-116, 431:10A-116.5, 431:10A-116.6, 431:10A-119, 431:10A-120, 431:10A-121, 431:10A-125, 431:10A-126, [and] 431:10A-122, and 431:10A-A, and chapter 431M."

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  In codifying the new sections added by sections 1 to 4 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on July 1, 2011.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Motorized Wheelchairs

 

Description:

Requires health insurers and like entities to provide coverage for the repair and servicing of motorized wheelchairs and electronic convenience vehicles.  Makes it an unfair and deceptive practice for vendors to not provide emergency repairs or for repair persons to not provide loaners or rentals during servicing or repairs.

 

 

 

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