STAND. COM. REP. NO. 145

Honolulu, Hawaii

RE: S.B. No. 1258

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Health, to which was referred S.B. No. 1258 entitled:

"A BILL FOR AN ACT RELATING TO TELEHEALTH,"

begs leave to report as follows:

The purpose and intent of this measure is to allow for standard telephone contacts for telehealth purposes.

Your Committee received testimony in support of this measure from AARP Hawai‘i, Waianae Coast Comprehensive Health Center, Hawai‘i Psychological Association, Hawai‘i Primary Care Association, Hawaii Substance Abuse Coalition, and two individuals. Your Committee received comments on this measure from the Department of Human Services and Hawaii Medical Service Association.

Your Committee finds that the emergency proclamation issued by the Governor on December l6, 2020, related to the coronavirus disease 2019 pandemic, suspended the application of certain laws that excluded the use of standard telephone contacts from the definition of "telehealth" to enable doctors and patients to minimize in—person meetings while ensuring access to medical care. Your Committee further finds that for many underserved and low—income communities, standard telephone contacts are the only means of contact, while cellular data plans and broadband services needed for video calls are not feasible options.

This measure will allow medical professionals to use standard telephone contacts for telehealth. Your Committee notes the testimony of the Department of Human Services that audio-only patient/provider interactions are prohibited by the federal Office of Civil Rights as a telehealth modality; however, the Office of Civil Rights has exercised enforcement discretion during the coronavirus disease 2019 pandemic, electing not to prosecute violations of the rule.

Therefore, your Committee has amended this measure by inserting an effective date of July 1, 2050, to encourage further discussion.

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1258, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1258, S.D. 1, and be referred to your Committee on Commerce and Consumer Protection.

Respectfully submitted on behalf of the members of the Committee on Health,

________________________________

JARRETT KEOHOKALOLE, Chair