STAND. COM. REP. NO. 1821

Honolulu, Hawaii

RE: H.B. No. 139

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committees on Commerce and Consumer Protection and Ways and Means, to which was referred H.B. No. 139, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO INSURANCE,"

beg leave to report as follows:

The purpose and intent of this measure is to require insurers, mutual benefit societies, and health maintenance organizations to provide coverage for standard fertility preservation services for persons undergoing medically necessary treatment that may cause iatrogenic infertility for policies, contracts, plans, and agreements issued or renewed after December 31, 2025.

Your Committees received testimony in support of this measure from the Fertility Institute of Hawaii, American Cancer Society Cancer Action Network, Hawaii Society of Clinical Oncology, Association for Clinical Oncology, Hawaii Association of Health Plans, Leukemia and Lymphoma Society, Alliance for Fertility Preservation, Hawaii Medical Service Association, and six individuals.

Your Committees received comments on this measure from the Department of Commerce and Consumer Affairs.

Your Committees find that certain treatments such as chemotherapy, radiation, and surgery can significantly help cancer patients. However, exposure and prolonged use of these treatments can significantly damage reproductive tissues and may cause iatrogenic infertility, which is medically induced sterility. Existing law concerning the State's Essential Health Benefits plan covers infertility treatments and in vitro fertilization, but only after a diagnosis of infertility, which takes five years to demonstrate. However, patients facing an impending infertility diagnosis due to certain cancer treatments are precluded from utilizing their benefit. Your Committees further find that Auditor's Report No. 23-11 concludes that the financial impact of mandating insurance coverage for fertility preservation techniques is negligible due to the limited number of patients who would utilize the benefit. Expanding access to fertility treatments for age-eligible patients who suffer from iatrogenic infertility will allow more individuals to pursue parenthood following their treatment. Therefore, this measure promotes parity and improves the standard of care for all residents while reducing medical costs for fertility treatments.

As affirmed by the records of votes of the members of your Committees on Commerce and Consumer Protection and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 139, H.D. 2, S.D. 1, and recommend that it pass Third Reading.

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

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ JARRETT KEOHOKALOLE, Chair