STAND. COM. REP. NO. 1053

Honolulu, Hawaii

RE:    S.C.R. No. 48

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which was referred S.C.R. No. 48 entitled:

"SENATE CONCURRENT RESOLUTION URGING CONGRESS TO SUPPORT FEDERAL LEGISLATION PROHIBITING HEALTH INSURERS FROM DENYING COVERAGE TO VICTIMS OF DOMESTIC VIOLENCE ON THE GROUNDS THAT IT IS A PRE-EXISTING CONDITION,"

begs leave to report as follows:

     The purpose and intent of this measure is to urge Congress to support federal legislation prohibiting health insurers from denying coverage to victims of domestic violence on the grounds that it is a pre-existing condition.

     Your Committee received testimony in support of this measure from the American Civil Liberties Union of Hawai‘i.

     Your Committee finds that although domestic violence affects women and men of all ages and all socio-economic classes, women make up a disproportionately large number of victims and are more likely to experience complicating factors such as financial dependence on their abusers.  Your Committee also finds that while Hawaii and forty other states prohibit discrimination against survivors of domestic violence in insurance coverage, the federal government has not followed suit.  Therefore, Hawaii's antidiscrimination law does not apply to Hawaii residents who are covered under insurance policies that are governed by the federal Employee Retirement Income Security Act.

Your Committee finds that without specific protections in place, insurance companies often deny, refuse to renew, or cancel insurance policies and benefit plans of domestic violence survivors on the grounds that domestic violence is a pre-existing condition.  The risk of losing important insurance benefits may serve to discourage domestic violence survivors from reporting abuse or seeking medical treatment.  Your Committee further finds that federal legislation to prohibit insurance discrimination against survivors of domestic violence will remove a formidable barrier that prevents survivors from reporting abuse, seeking help, and ultimately escaping abusive situations.

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 48 and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

____________________________

ROSALYN H. BAKER, Chair