STAND. COM. REP. NO. 836

Honolulu, Hawaii

RE: S.B. No. 25

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 25, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO MEDICAL CARE FOR MINORS,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Permit minors to consent to medical care related to the diagnosis or treatment of the human immunodeficiency virus (HIV) or the prevention of HIV;

(2) Provide that a minor, under certain circumstances, shall not be liable for payment for treatment or prevention of HIV; and

(3) Authorize physician assistants, in addition to physicians and advanced practice registered nurses, to render medical care and services to minors.

Your Committee received testimony in support of this measure from the LGBT Caucus of the Democratic Party of Hawai‘i, Maui AIDS Foundation, Hawaii Youth Services Network, Kaiser Permanente Hawai‘i, Trevor Project, and six individuals.

Your Committee finds that persons between the ages of thirteen and twenty-four accounted for twenty-one percent of new HIV diagnoses in 2017.  Of those, forty-four percent were unaware of their HIV status.  This age group is consistently the least likely to test for HIV, receive HIV treatment or be virally suppressed, or be offered HIV prevention treatment. Your Committee further finds that the ability to obtain HIV related medical care without the involvement of a parent or guardian will benefit minors who have been diagnosed with HIV or are at risk of exposure to HIV.

Your Committee additionally notes that the questions of who is ultimately responsible for payment for a minor's medical care if the minor independently consents to care, and whether a healthcare provider may refuse treatment for failure to pay are not resolved by this measure, and that these questions may merit further discussion as this measure proceeds through the legislative process.

Your Committee has amended this measure by:

(1) Inserting an effective date of May 6, 2137, to encourage further discussion; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 25, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 25, S.D. 2.

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

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KARL RHOADS, Chair