Hawaii-2019-SR138-Amended

WHEREAS, sexual violence and abuse are extremely prevalent in the United States; and

WHEREAS, sexual violence and abuse can have severe and lasting emotional and mental health impacts on victims; and

WHEREAS, clinical victim support services are a professional intervention conducted by a qualified mental health services provider to identify needs and assist in obtaining coordinated, appropriate services and resources for a victim of sexual violence and abuse in order to curtail or prevent the progression and worsening of mental disorders and associated functional impairments caused, in whole or in part, by sexual violence and abuse; and

WHEREAS, many victims of sexual violence and abuse require clinical victim support services by qualified mental health services providers in addition to psychotherapy in order to effectively manage mental health conditions related to sexual violence and abuse; and

WHEREAS, clinical victim support services are not generally covered by health insurers; and

WHEREAS, the treatment of clinical victim support services as a non-reimbursable expense by health insurers discourages qualified mental health services providers from accepting victims of sexual violence as patients, and is a significant barrier to sufficient provider availability; and

WHEREAS, section 23-51, Hawaii Revised Statutes, requires that "[b]efore any legislative measure that mandates health insurance coverage for specific health services, specific diseases, or certain providers of health care services as part of individual or group health insurance policies, can be considered, there shall be concurrent resolutions passed requesting the auditor to prepare and submit to the legislature a report that assesses both the social and financial effects of the proposed mandated coverage"; and

WHEREAS, section 23-51, Hawaii Revised Statutes, further provides that "[t]he concurrent resolutions shall designate a specific legislative bill that:

(1) Has been introduced in the legislature; and

(2) Includes, at a minimum, information identifying the:

(A) Specific health service, disease, or provider that would be covered;

(B) Extent of the coverage;

(D) Limits on utilization, if any; and

(E) Standards of care"; and

WHEREAS, section 23-52, Hawaii Revised Statutes, further specifies the minimum information required for assessing the social and financial impact of the proposed health coverage mandate in the Auditor's report; and

WHEREAS, H.B. No. 484 has been introduced during the Regular Session of 2019 and mandates health insurers to provide coverage for clinical victim support services; and

WHEREAS, the Legislature believes that an analysis of the social and financial impacts of the insurance coverage of clinical victim support services in H.B. No. 484 is warranted; and

WHEREAS, the Legislature also believes that mandatory coverage for clinical victim support services for victims of sexual violence and abuse, as provided in H.B. No. 484, Regular Session of 2019, will substantially reduce illness and help victims of sexual violence and abuse in Hawaii lead full, productive lives; now, therefore,

BE IT RESOLVED by the Senate of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, that the Auditor is requested to conduct an assessment, pursuant to sections 23-51 and 23-52, Hawaii Revised Statutes, of the social and financial effects of mandating health insurers to provide coverage for clinical victim support services for victims of sexual violence and abuse, as provided in H.B. No. 484, Regular Session of 2019; and

BE IT FURTHER RESOLVED that in conducting the assessment, the Auditor is requested to consider the following definition of clinical victim support services: "a professional intervention conducted by a qualified mental health provider to identify needs and assist in obtaining coordinated, appropriate services and resources for a victim of sexual violence and abuse in order to curtail or prevent the progression and worsening of mental disorders and associated functional impairments caused, in whole or in part, by the sexual violence and abuse, including coordinating with other health care providers, such as primary care physicians, behavioral and mental health care providers, and hospitals; assisting victims of sexual violence and abuse in obtaining appropriate government entitlements, access, insurance coverage, and other appropriate programs and services offered by government agencies and community organizations; and coordinating with schools, employers, and other individuals and entities concerning a victim of sexual violence and abuse"; and

BE IT FURTHER RESOLVED that the Auditor is requested to consult with qualified mental health services providers who treat victims of sexual violence and abuse in every county, such as The Sex Abuse Treatment Center, which is a program of Kapiolani Medical Center for Women and Children, and other practicing mental health services providers in the community; and

BE IT FURTHER RESOLVED that the Auditor is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature, no later than twenty days prior to the convening of the Regular Session of 2020; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Auditor and to the Insurance Commissioner, who in turn is requested to transmit copies to each insurer in the State that issues health insurance policies, contracts, plans, or agreements.

Report Title:

Auditor; Impact Assessment Report; Clinical Victim Support Services

THE SENATE	S.R. NO.	138
THIRTIETH LEGISLATURE, 2019		S.D. 1
STATE OF HAWAII