STAND.
COM. REP. NO. 1488
Honolulu, Hawaii
, 2023
RE: S.B. No. 1473
S.D. 2
H.D. 1
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-Second State Legislature
Regular Session of 2023
State of Hawaii
Sir:
Your Committees on Human Services and Health & Homelessness, to which was referred S.B. No. 1473, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO HEALTH,"
beg leave to report as follows:
The
purpose of this measure is to:
(1) Require and appropriate funds for the Department of Health and Department of Human Services to develop and adopt rules, polices, and plan amendments necessary to ensure the State's Medicaid program covers medically necessary services, including applied behavioral therapy, for persons twenty-one years of age or older with neurodevelopmental disorders, including autism spectrum disorder; and
(2) Require the Department of Health and Department of Human Services to apply for any necessary approvals from the Centers for Medicare and Medicaid Services to amend the Hawaii Medicaid State Plan to provide reimbursements for these services.
Your Committees received testimony in support of this measure
from the Hawaii State Council on Developmental Disabilities, Disability and
Communication Access Board, Hawaii Disability Rights Center, Hawai‘i
Fetal Alcohol Spectrum Disorders FASD Action Group, Hawai‘i
Association for Behavioral Analysis, BAYADA Behavioral Analysis, The Council of
Autism Service Providers, and numerous individuals. Your Committees received comments on this
measure from the Department of Health, Department of Human Services, and one
individual.
Your Committees find that
there is currently a gap group of individuals with intellectual or
developmental disabilities who do not qualify for services under the Department
of Health's Developmental Disabilities Division and are above the age of
twenty-one. If these individuals only
have Med-QUEST coverage, they are unable to receive needed behavioral analysis
services. Your Committees recognize that
generally, applied behavioral analysis is most effective when begun at an early
age. However, there is a growing body of
research that supports its continued value for individuals with
neurodevelopmental disabilities beyond the age of twenty-one. Your Committees also acknowledge that
additional discussion into this matter is required at this time.
Accordingly, your
Committees have amended this measure by:
(1) Deleting language requiring the Department
of Health and Department of Human Services to develop and adopt rules, polices,
and plan amendments regarding Medicaid coverage of certain services for persons
twenty-one years of age or older with neurodevelopmental disorders and seek
associated approvals from the Centers for Medicare and Medicaid
Services;
(2) Inserting language requiring the Departments of Health, Human Services, and Education to research what rules, policies, and plan amendments are necessary to ensure medically necessary services, including applied behavior analysis services, for individuals twenty-six years of age or younger with neurodevelopmental disorders, including autism spectrum disorder and fetal alcohol spectrum disorders are covered under the following:
(A) The Early and Periodic Screening, Diagnostic, and Treatment benefit under the State's Medicaid program;
(B) Any applicable state special education services and programs; and
(3) Changing the appropriation to be for Fiscal Year 2023-2024 only, rather than the Fiscal Biennium 2023-2025, and amending its purpose;
(4) Changing the effective date to July 1,
3000, to encourage further discussion; and
(5) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the records of votes of the members of your Committees on Human Services and Health & Homelessness that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1473, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1473, S.D. 2, H.D. 1, and be referred to your Committee on Finance.
Respectfully submitted on behalf of the members of the Committees on Human Services and Health & Homelessness,
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____________________________ DELLA AU BELATTI, Chair |
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____________________________ JOHN M. MIZUNO, Chair |
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