Bill Text: HI HCR68 | 2012 | Regular Session | Introduced

Hawaii House Concurrent Resolution 68 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Mental Health Parity; Working Group

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-04-02 - (H) Re-referred to HLT, FIN, referral sheet 58 [HCR68 Detail]

Download: Hawaii-2012-HCR68-Introduced.html

HOUSE OF REPRESENTATIVES	H.C.R. NO.	68
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE CONVENING OF A WORKING GROUP TO DETERMINE STATE COMPLIANCE WITH THE FEDERAL paul wellstone and pete domenici MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT OF 2008 AND ENHANCE EXISTING STATE PARITY LAWS.

WHEREAS, the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 is a federal law that establishes requirements to make insurance coverage for mental health conditions and substance use disorders comparable to insurance coverage for other medical conditions; and

WHEREAS, the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 applies to plans sponsored by private and public sector employers with more than 50 employees that offer mental and surgical benefits as well as mental health or substance use disorder benefits, including self-insured and fully-insured arrangements, and to health insurance issuers who sell coverage to employers with more than 50 employees; and

WHEREAS, more specifically, this federal law requires group health plans and health insurance issuers to ensure that financial requirements, such as co-pays and deductibles, and treatment limitations, such as visit limits, applicable to mental health or substance use disorder benefits are not more restrictive than the predominant requirements or limitations applied to substantially all other medical and surgical benefits; and

WHEREAS, while the federal government has recommended that states proactively pass legislation regarding insurance parity in conformity with the federal law, only about one-third of states have done so thus far; and

WHEREAS, not all insurance issuers and plans in the State follow the parity requirements established by the federal law; and

WHEREAS, with respect to complying with the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, the State must, among other things:

(1) Develop new and current policies regarding state compliance with the federal law, including enforcement of provider and insurer compliance;

(2) Determine the applicability of rules and obligations to insurers, insurance plans, and services; and

(3) Proactively pass legislation to fulfill state compliance with the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008; and

WHEREAS, it is the State's responsibility to determine who or what entities are subject to parity laws by, for example, creating standardized definitions that apply to health care treatments and services; and

WHEREAS, establishing a working group to examine implementation and enforcement of the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 will enhance access to healthcare in the State and assist the State in complying with the federal law; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2012, the Senate concurring, that the Department of Health is requested to convene a working group to determine State compliance with the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 and enhance existing State parity laws; and

BE IT FURTHER RESOLVED that the members of the working group shall include the following members:
(1) One member appointed by the Governor;

(2) One member of the Senate appointed by the President of the Senate;

(3) One member of the House appointed by the Speaker of the House of Representatives;

(4) One member appointed by the Insurance Commissioner;

(5) One member appointed by the Director of Health;

(6) One member representing the Hawaii Substance Abuse Coalition;

(7) At least one member who is a psychiatrist or psychologist; and

(8) One or more members representing a health insurance provider regulated under Chapter 431, Article 10A, Hawaii Revised Statutes; Chapter 432, Article I, Hawaii Revised Statutes; or a managed care provider regulated under Chapter 432D, Hawaii Revised Statutes; and

BE IT FURTHER RESOLVED that the members of the working group shall designate a chairperson from among its members; and

BE IT FURTHER RESOLVED that the working group is requested to report its findings and recommendations, including any proposed legislation, regarding State compliance with the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 and enhancement of existing State parity laws, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2013; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to assist the working group with drafting legislation, if any, that the working group deems necessary as a result of its findings and recommendations regarding parity in the State; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Insurance Commissioner, Director of Health, Director of the Legislative Reference Bureau, and Hawaii Substance Abuse Coalition.