STAND. COM. REP. NO. 1197
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 Committee on Health and Human Services, to which was referred H.B. No. 139, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO INSURANCE,"
begs leave to report as follows:
The purpose and intent of this measure is to, for policies, contracts, plans, and agreements issued or renewed after December 31, 2025, 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.
Your Committee received comments on this measure from the Department of the Attorney General, Insurance Division of the Department of Commerce and Consumer Affairs, Office of the Auditor, and Kaiser Permanente Hawaii.
Your Committee finds that cancer treatments such as chemotherapy and radiation can significantly damage reproductive tissues and affect fertility in both men and women. Your Committee further finds that access to fertility preservation is a crucial benefit for patients undergoing these treatments and whose desire to have children might otherwise delay their decision to seek necessary medical treatment. Your Committee notes that many cancer patients cannot afford the costs of fertility preservation therapies as these services are often not covered by health insurance and these patients are already financially burdened by the costs of their medically necessary treatments. Accordingly, this measure mandates health insurance coverage for fertility preservation procedures for patients at risk of infertility due to medical treatments to ensure that these individuals can access vital services without the added burden of financial strain.
Your Committee has
amended this measure by:
(1) Inserting language clarifying that the guidelines developed by the American Society of Clinical Oncology referenced in this measure are the 2018 update to the guidelines;
(2) Clarifying
the definition of "medically necessary treatment that may directly or
indirectly cause iatrogenic infertility" to mean any cancer-related medical
treatment with a likely side effect of infertility, rather than medical
treatment with a likely side effect of infertility;
(3) Inserting
language clarifying that the definition of "standard fertility
preservation services" does not include experimental procedures or other
procedures not determined to be established medical practices according to the 2018
update to the guidelines developed by the American Society of Clinical Oncology;
(4) Inserting
language clarifying that the mandatory coverage for standard fertility
preservation services by health
maintenance organizations applies to policies issued or renewed after December
31, 2025;
(5) Inserting an effective date of December 31,
2050, to encourage further
discussion; and
(6) 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 Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 139, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 139, H.D. 2, S.D. 1, and be referred to your Committees on Commerce and Consumer Protection and Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Health and Human Services,
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________________________________ JOY A. SAN BUENAVENTURA, Chair |
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