THE SENATE	S.B. NO.	1337
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

relating to health wellness programs.

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

     SECTION 1.  The legislature finds that implementing and expanding employer wellness programs may offer the State the opportunity to not only improve the health of state residents, but also help control health care spending.  The federal Patient Protection and Affordable Care Act creates new incentives and builds on existing wellness program policies to promote employer wellness programs and encourage opportunities to support healthier workplaces.  Proposed federal rules to implement the Patient Protection and Affordable Care Act, in part, increase the maximum permissible reward under a health-contingent wellness program from twenty per cent to thirty per cent of the cost of health care coverage and increase the maximum reward to as much as fifty per cent for the programs designed to prevent or reduce tobacco use.  While these rewards makes participation in wellness programs more desirable, there are concerns that an employee participating in wellness programs in order to become eligible for a reward may be considered gambling.

     The purpose of this Act is to clarify that participation in health wellness programs is not considered gambling or lottery participation under the Hawaii penal code.

     SECTION 2.  Section 712-1220, Hawaii Revised Statutes, is amended by amending the definition of "something of value" to read as follows:

     "(11)  "Something of value" means any money or property, any token, object, or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein, or involving extension of a service or entertainment.  Payment for health insurance coverage or participation in a wellness program relating to health promotion or disease prevention shall not constitute "something of value" for purposes of this part."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Gambling; Wellness Programs; Health Insurance

Description:

Amends the definition of "something of value" to clarify that participation in health wellness programs is not considered gambling or lottery participation under the Hawaii penal code.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.