Bill Text: HI SB2827 | 2014 | Regular Session | Introduced
Bill Title: Health Care Transformation; State Innovation Waiver; Task Force; Appropriation
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-03-21 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with Representative(s) Fale, Fukumoto, Hanohano, Jordan, Thielen voting aye with reservations; Representative(s) McDermott voting no (1) and Representative(s) Tokioka, Ward, Yamane excused (3). [SB2827 Detail]
Download: Hawaii-2014-SB2827-Introduced.html
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THE SENATE |
S.B. NO. |
2827 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HEALTH CARE TRANSFORMATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the effectiveness of our health care system is of considerable importance to every state resident from the perspective of cost, accessibility, and quality. The State has a particular responsibility for the effectiveness of the health care system as purchaser of health insurance for nearly forty per cent of the population.
In addition, the quality of care in our system is not consistently high, access to needed care is not reliably available across all islands or for all people, and health information technology is not used to its full capacity for improving care and reducing errors and duplication.
The legislature recognizes that health care transformation is necessary and will require alignment of health care strategies, priorities, and investments for both the private sector and state agencies.
Pursuant to Act 224, Session Laws of Hawaii 2013, Hawaii's health care transformation program resides temporarily, through June 30, 2015, in the office of the governor. There is currently no permanent state agency with authority to support, coordinate, oversee, and evaluate change and innovation in our health care system.
Accordingly, the purpose of this Act is to continue the program on a long-term basis and codify Hawaii's commitment to health care transformation by:
(1) Creating the structure and authority for health care transformation; and
(2) Transferring the functions of Hawaii's health care transformation program to the state health planning and development agency of the department of health, along with its existing resources and personnel, and to rename the state health planning and development agency to encompass this expanded purpose.
SECTION 2. Chapter 323D, Hawaii Revised Statutes, is amended as follows:
1. Amending its title to read:
"CHAPTER 323D
[HEALTH
PLANNING AND RESOURCES DEVELOPMENT AND HEALTH CARE COST
CONTROL]
HAWAII HEALTH CARE PLANNING AND POLICY AUTHORITY"
2. Adding a new part to be appropriately designated and to read:
"PART . OFFICE OF HEALTH CARE TRANSFORMATION
§323D-A Office of health care transformation. (a) There is established within the Hawaii health care planning and policy authority an office of health care transformation. The office shall be headed by a health care transformation officer who shall be appointed by the governor subject to section 26-34 and who shall report directly to the governor.
(b) The provisions of section 26-35(a)(1) shall not apply to the office of health care transformation. Notwithstanding section 26-35(a)(2), the financial requirements from state funds of the office shall be submitted through the director of health and included in the budget for the department of health, and neither the authority administrator nor director shall change the office’s submissions in any way. Notwithstanding section 26-35(a)(4), the employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the office shall be determined by the office, subject to applicable personnel laws, and shall not be subject to the approval of the authority administrator or the director.
(c) The health care transformation officer shall oversee and supervise the office of health care transformation and shall organize, manage, and lead multi-sector statewide health care transformation activities, including:
(1) Identifying the issues that need to be addressed to achieve statewide health care transformation;
(2) Developing health system goals, strategies, frameworks, and timelines, as well as proposed legislation and rules, directed at health care transformation;
(3) Coordinating health policy and purchasing across state agencies to promote alignment in quality measures, data collection, payment strategies, insurance regulation, waivers, and plan amendments consistent with improving public and population health to the extent allowable under federal law;
(4) Identifying processes, measures, and goals to evaluate and improve the quality and cost-effectiveness of health care services;
(5) Pursuing opportunities for administrative uniformity or alignment of processes, measures, and other matters directed at improving the quality and cost-effectiveness of health care services;
(6) Identifying fair and efficient payment models for health care services;
(7) Coordinating and overseeing policy and programs to, improve, expand, and use health information technology to organize, store, safeguard, exchange, report, and analyze clinical, cost, educational, technical, administrative, regulatory, and other health care-related data;
(8) Identifying and overseeing state and private sector initiatives to improve access to care, including but not limited to insurance expansion, workforce training, and support for community-based health organizations;
(9) Developing a state health care transformation plan;
(10) Reporting annually to the governor and the legislature on the status and implementation of the state health care transformation plan;
(11) Performing other necessary or desirable functions to facilitate the intent of this section;
(12) Notwithstanding section 323D-61, employing persons in the office exempt from chapters 76 and 89; and
(13) Contracting for services that may be necessary for the purposes of this section.
(d) The health care transformation officer may apply for, receive, and disburse grants, fees, and donations from all sources for health care transformation activities; provided that all donations accepted from private sources shall be expended in the manner prescribed by the contributor, and all moneys shall be deposited into the health care transformation special fund established under section 323D-B. The health care transformation officer may also receive directly for the office's purposes donated personal services and personal property for which funding is not required.
(e) The health care transformation officer shall submit an annual report to the governor and the legislature no later than twenty days prior to the convening of each regular session of the legislature on the activities under the authority of the health care transformation officer, and the expenditure of all moneys received from all sources and deposited into the health care transformation special fund in support of this section.
§323D-B Health care transformation special fund; established. (a) There is established in the state treasury the health care transformation special fund, which shall be administered by the health care transformation officer. All moneys collected by the officer pursuant to section 323D-A(d) shall be deposited into the health care transformation special fund.
(b) Moneys in the health care transformation special fund shall be used for the purposes of this part."
SECTION 3. Section 323D-2, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
""Authority" means the Hawaii health care planning and policy authority."
2. By repealing the definition of "state agency".
[""State agency" means the
state health planning and development agency established in section 323D-11."]
SECTION 4. Section 323D-12, Hawaii Revised Statutes, is amended to read as follows:
"§323D-12 [Health planning and
development functions; state agency.] Health care planning and policy
functions; authority. (a) The [state agency] authority
shall:
(1) Have as a principal function the responsibility
for promoting accessibility for all the people of the State to quality health
care services at reasonable cost. The [state agency] authority
shall conduct such studies and investigations as may be necessary as to the
causes of health care costs including inflation. The [state agency]
authority may contract for services to implement this paragraph. The
certificate of need program mandated under part V shall serve this
function. The [state agency] authority shall promote the
sharing of facilities or services by health care providers whenever possible to
achieve economies and shall restrict unusual or unusually costly services to
individual facilities or providers where appropriate;
(2) Serve as staff to and provide technical assistance and advice to the statewide council and the subarea councils in the preparation, review, and revision of the state health services and facilities plan;
(3) Conduct the health planning activities of the
State in coordination with the subarea councils, implement the state health
services and facilities plan, and determine the statewide health needs of the
State after consulting with the statewide council; [and]
(4) Perform the health care transformation functions described in part _ ; and
[(4)] (5) Administer the state
certificate of need program pursuant to part V.
(b) The [state agency] authority
may:
(1) Prepare such reports and recommendations on Hawaii's health care costs and public or private efforts to reduce or control costs and health care quality as it deems necessary. The report may include, but not be limited to, a review of health insurance plans, the availability of various kinds of health insurance and malpractice insurance to consumers, and strategies for increasing competition in the health insurance field.
(2) Prepare and revise as necessary the state health services and facilities plan.
(3) [Prepare, review, and revise the annual
implementation plan.
(4)] Assist the statewide council in the
performance of its functions.
[(5)] (4) Determine the need for new
health services proposed to be offered within the State.
[(6)] (5) Assess existing health
care services and facilities to determine whether there are redundant,
excessive, or inappropriate services or facilities and make public findings of
any that are found to be so. The [state agency] authority
shall weigh the costs of the health care services or facilities against the
benefits the services or facilities provide and there shall be a negative
presumption against marginal services.
[(7)] (6) Provide technical
assistance to persons, public or private, in obtaining and filling out the
necessary forms for the development of projects and programs.
[(8)] (7) Prepare reports, studies,
and recommendations on emerging health issues[, such as medical ethics,
health care rationing, involuntary care, care for the indigent, and standards
for research and development of biotechnology and genetic engineering].
[(9)] (8) Conduct such other
activities as are necessary to meet the purposes of this chapter."
SECTION 5. Section 323D-12.6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§323D-12.6[] State health planning and
development] Health care planning and policy special fund; created;
deposits; expenditures; fees.
(a) There is established within the state treasury, to be administered by
the [state health planning and development agency, the state health planning
and development] Hawaii health care planning and policy authority, the
health care planning and policy special fund into which shall be deposited
all moneys collected under chapter 323D[.], with the exception of all
moneys collected under part , which shall be deposited into the health care
transformation special fund established under section 323D-B.
(b) Moneys in
the health care planning and policy special fund shall be expended by
the [state health planning and development agency] authority to
assist in offsetting program expenses of the [agency.] authority.
(c) The [agency]
authority shall adopt rules in accordance with chapter 91 to establish
reasonable fees for the purposes of this chapter."
SECTION 6. Effective July 1, 2015, chapter 323D, Hawaii Revised Statutes, is amended by replacing all references to the "state health planning and development program" with references to the "Hawaii health care planning and policy program," by replacing all references to the "state health planning and development agency" with references to the "Hawaii health care planning and policy authority," and by replacing all references to the "state agency" and the "agency" with references to the "authority."
SECTION 7. All rights, powers, functions, and duties of the health care transformation program in the office of the governor are transferred to the Hawaii health care planning and policy authority. All employees who occupy civil service positions and whose functions are transferred to the Hawaii health care planning and policy authority by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employee possesses legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The health care transformation officer of the Hawaii health care planning and policy authority may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.
SECTION 8. All appropriations, other funds, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the health care transformation program relating to the functions transferred to the office of health care transformation shall be transferred with the functions to which they relate.
SECTION 9. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the health care transformation program in the office of the governor shall remain in full force and effect. Effective July 1, 2015, every reference to the governor’s health care transformation program in those deeds, leases, contracts, loans, agreements, permits, or other documents shall be construed as a reference to the office of health care transformation or health care transformation officer, as appropriate.
SECTION 10. The administrative rules of the State health planning and development agency that are in effect as of the effective date of this Act shall remain in effect until amended by the Hawaii health care planning and policy authority. All references in those rules to the "state health planning and development program" shall be read to mean the "Hawaii health care planning and policy program;" all references to the "state health planning and development agency" shall be read to mean the "Hawaii health care planning and policy authority," and all references to the "state agency" and the "agency" shall be read to mean the "authority."
SECTION 11. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 13. This Act, upon its approval, shall take effect on July 1, 2015.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Health Care Transformation
Description:
Establishes the Office of Health Care Transformation within the State Health Planning and Development Agency. Changes the name of the State Health Planning and Development Agency to the Hawaii Health Care Planning and Policy Authority. Establishes the Health Care Transformation Special Fund.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
