STAND. COM. REP. NO. 359

Honolulu, Hawaii

RE:    S.B. No. 1227

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Madam:

     Your Committees on Health and Commerce and Consumer Protection, to which was referred S.B. No. 1227 entitled:

"A BILL FOR AN ACT RELATING TO HEALTH COVERAGE FOR BRAIN INJURIES,"

beg leave to report as follows:

     The purpose and intent of this measure is to require certain insurance contracts and plans to provide coverage for rehabilitative therapies and services beginning January 1, 2014, to treat brain injuries, including coverage of cognitive and neurocognitive therapy, neurobehavioral and neuropsychological testing or treatment, and necessary post-acute transition services or community reintegration activities for a period of at least six months from the date an injury occurred.

     Your Committees received testimony in support of this measure from the Department of Health, Rehabilitation Hospital of the Pacific, Family Voices, and three individuals.  Your Committees received testimony in opposition to this measure from Hawaii Medical Service Association.  Your Committees received comments on this measure from the Department of Commerce and Consumer Affairs.

     Your Committees find that traumatic brain injury is a leading cause of death and disability among children and young adults.  Unfortunately, traumatic brain injury survivors face a long rehabilitation process that may not be covered by certain health benefit plans.  Requiring coverage of cognitive rehabilitative services will ensure timely treatment of traumatic brain injury that is vital to the recovery process, as it impacts personal safety, functional independence, productive living, psychological health, and social interaction.

     Your Committees have amended this measure by:

     (1)  Requiring that insurance providers cover the costs of rehabilitative therapies and services for individuals with traumatic brain injuries for twenty years, as opposed to six months, from the date the acquired brain injury occurred;

     (2)  Inserting a $300,000 lifetime cap on the requirement of insurance providers to cover rehabilitative therapies and services related to traumatic brain injury;

     (3)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Health and Commerce and Consumer Protection that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1227, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1227, S.D. 1, and be referred to the Committee on Ways and Means.

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

____________________________ ROSALYN H. BAKER, Chair

____________________________ JOSH GREEN, Chair