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HOUSE OF REPRESENTATIVES |
H.B. NO. |
584 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to Adolescent mental health services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 323B-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) [Notwithstanding] Except as
prohibited by section 577-29(f), and notwithstanding any other law
to the contrary, any use or disclosure of individually
identifiable health information by any covered entity or business associate
that is permitted by title 45 Code of
Federal Regulations part 164, subpart E, shall be deemed to comply with all
state laws relating to the use, disclosure, or confidentiality of such
information."
SECTION 2. Section 577-29, Hawaii Revised Statutes, is amended to read as follows:
"§577-29 Mental health services relating to minors; diagnosis, counseling, and related activities. (a) Notwithstanding any other law to the contrary, a minor who is fourteen years of age or older may consent to mental health treatment or counseling services provided by a licensed mental health professional if, in the opinion of the licensed mental health professional, the minor is mature enough to participate intelligently in the mental health treatment or counseling services; provided that the consent of the minor's parent or legal guardian shall be required to prescribe medication to the minor or to place the minor into an out-of-home or residential treatment program.
(b) The mental health treatment or counseling services provided to a minor as authorized by this section shall include involvement of the minor's parent or legal guardian, unless the licensed mental health professional, after consulting with the minor, determines that the involvement would be inappropriate. The licensed mental health professional shall state in the client record whether and when the treating clinician attempted to contact the minor's parent or legal guardian, and whether the attempt to contact was successful or unsuccessful, or the reason why, in the treating licensed mental health professional's opinion, it would be inappropriate to contact the minor's parent or guardian.
(c) A minor may not abrogate consent provided by a parent or legal guardian on the minor's behalf. A parent or legal guardian may not abrogate consent given by the minor on the minor's own behalf.
(d) If a minor consents to receive mental health treatment or counseling services pursuant to this section, the minor shall not be liable for payment.
(e)
The minor and the minor's parent or legal guardian [is] are
not liable for [payment] out-of-pocket payments for mental health treatment or
counseling services provided pursuant to this section unless the parent
or guardian participates in the mental
health treatment or counseling services, and then only for services
rendered with the participation of the parent or guardian.
[(f)] (g) As used in this section:
"Covered entity" has
the same meaning as in title 45 Code of Federal Regulations section 160.103.
"Licensed mental health professional" means any of the following:
(1) A person licensed as a mental health counselor pursuant to chapter 453D;
(2) A person licensed as a marriage and family therapist pursuant to chapter 451J;
(3) A clinical social worker licensed pursuant to chapter 467E;
(4) A person licensed as a psychologist pursuant to chapter 465;
(5) A board certified, or board eligible, licensed psychiatrist; or
(6) An advanced practice registered nurse licensed pursuant to chapter 457 who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization.
"Mental health treatment or counseling services" means the provision of outpatient mental health treatment or counseling by a licensed mental health professional."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Adolescent Mental Health Services; Payment Disclosure
Description:
Prohibits
health plans and providers from disclosing to a policyholder or other covered
person any payment or billing information for a minor's mental health services
if the minor received the services without the consent or participation of the
minor's parent or legal guardian.
Specifies that the minor and the minor's parent or legal guardian are
not responsible for out-of-pocket payments for minor-initiated mental health
treatment or counseling services.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.