Bill Text: HI HB2448 | 2012 | Regular Session | Amended

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Bill Title: Medicaid

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-07-06 - (S) Act 211, 7/3/2012 (Gov. Msg. No. 1314). [HB2448 Detail]

Download: Hawaii-2012-HB2448-Amended.html

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CONFERENCE COMMITTEE REP. NO. 150-12

 

Honolulu, Hawaii

                 , 2012

 

RE:    H.B. No. 2448

       H.D. 2

       S.D. 2

       C.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sirs:

 

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2448, H.D. 2, S.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO MEDICAID,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to establish a formula for calculating the amount to be contributed by the State towards a Medicaid recipient's attorney's fees and costs incurred in obtaining a judgment, settlement, or award, in lieu of recovering the full amount.  Among other things, this measure:

 

     (1)  Clarifies that a notice of lien sent by the Department of Human Services for reimbursement of Medicaid benefits shall be accompanied by an itemized list of payments made by the Department;

 

    

     (2)  Caps the amount of the department's lien at one-third of the settlement, judgment, or award, after its contribution for attorney's fees and expenses;

    

     (3)  Defines the term "medical institution"; and

 

     (4)  Requires the Department of Human Services to provide a written notice of lien to the court when restitution is sought from a third person in a criminal proceeding.

 

     Your Committee on Conference has amended this measure by:

 

     (1)  Authorizing the Department of Human Services to develop fair and equitable reimbursement levels for nursing facility residents who are Medicaid recipients;

 

     (2)  Authorizing the Department of Human Services to develop an equitable referral system for Medicaid clients transferring from hospitals to community-based care homes;

 

     (3)  Changing the effective date to upon its approval; and

 

     (4)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 2448, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2448, H.D. 2, S.D. 2, C.D. 1.

 

                                  Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE SENATE			ON THE PART OF THE HOUSE
____________________________ SUZANNE CHUN OAKLAND, Chair		______________________________ JOHN M. MIZUNO, Co-Chair
____________________________ CLAYTON HEE, Co-Chair		______________________________ GILBERT KEITH-AGARAN, Co-Chair
____________________________ MICHELLE KIDANI, Co-Chair		______________________________ JO JORDAN, Co-Chair