STAND. COM. REP. NO. 844

Honolulu, Hawaii

RE: S.B. No. 1323

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1323, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HEALTH CARE,"

begs leave to report as follows:

The purpose and intent of this measure is to adopt the Uniform Health-Care Decisions Act (2023) with amendments to replace chapters 327E and 327G, Hawaii Revised Statutes.

Your Committee received testimony in support of this measure from the Department of the Attorney General and Commission to Promote Uniform Legislation.

Your Committee received testimony in opposition to this measure from Hawaii Disability Rights Center.

Your Committee received comments on this measure from the Hawaii Health Systems Corporation, Uniform Law Commission, and Healthcare Association of Hawaii.

Your Committee finds that, presently, existing law codified under chapters 327E and 327G, Hawaii Revised Statutes, provide a legal framework for advance health care directives. As a legal document specifying the health care wishes of an individual, advance health care directives are critical in ensuring the individual's autonomy is respected through participation in care. As the landscape of medical care rapidly involves, ensuring requirements for drafting of advance health care directives are necessary for the individual to achieve their specified level of care. Therefore, this measure reflects an informed, updated understanding of advance health care directives while reducing barriers for individuals to create directives for general health care and mental health care.

Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1323, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1323, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair