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THE SENATE |
S.B. NO. |
955 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to medical care for minors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 577A-1, Hawaii Revised Statutes, is amended as follows:
1. By adding three new definitions to be appropriately inserted and to read:
""Covered entity"
has the same meaning as in title 45 Code of Federal Regulations section
160.103.
"Licensed health care
provider" means a physician, osteopathic physician, or physician assistant
licensed under chapter 453; or an advanced practice registered nurse licensed
under chapter 457.
"Sexually transmitted infection" means an infection that is commonly transmitted through sexual contact, including but not limited to human immunodeficiency virus infection."
2. By
amending the definition of "medical care and services" to read:
""Medical care and
services" means the diagnosis, examination, and administration of
medication in the prevention or treatment of [venereal diseases,]
sexually transmitted infections, pregnancy, and family planning
services. It shall not include surgery
or any treatment to induce abortion."
SECTION 2. Section 577A-2, Hawaii Revised Statutes, is amended to read as follows:
"§577A-2 Consent valid. (a)
The consent to the provision of medical care and services by public and
private hospitals or public and private clinics, or the performance of medical
care and services by a [physician licensed to practice medicine or advanced
practice registered nurse as defined in section 457‑2.7,] licensed
health care provider, when executed by a female minor who is or professes
to be pregnant, or by a minor who is or professes to be [afflicted with a
venereal disease,] infected with, or to have been exposed to, a sexually
transmitted infection, or a minor seeking family planning services shall be
valid and binding as if the minor had achieved [his or her] the age
of majority as the case may be; that is, a female minor who is, or
professes to be pregnant, or a minor who is, or professes to be [afflicted
with a venereal disease,] infected with, or to have been exposed to, a
sexually transmitted infection, or a minor seeking family planning services
shall be deemed to have, and shall have the same legal capacity to act, and the
same legal obligations with regard to the giving of [such] consent to [such]
hospitals and [such] clinics or consent to the performance of
medical care and services [to be provided] by a [physician licensed
to practice medicine or advanced practice registered nurse as defined in
section 457‑2.7,] licensed health care provider, as a person
of full legal age and capacity, the infancy of the minor and any contrary
provisions of law notwithstanding[, and such]; provided that the
consent shall not be subject to later disaffirmance by reason of [such]
minority; [and] provided further that the consent of no other
person or persons [(including], including but not limited to a
spouse, parent, custodian, or guardian[)], shall be necessary in
order to authorize [such] the hospitals or [such] clinics
or the performance of medical care and services [provided] by a [physician
licensed to practice medicine or advanced practice registered nurse as defined
in section 457‑2.7,] licensed health care provider to [such
a] the minor.
(b) The licensed health care provider shall ensure that the covered entity has been notified that minor-initiated medical care and services should not be disclosed."
SECTION 3. Section 577A-3, Hawaii Revised Statutes, is amended to read as follows:
"§577A-3 Providing information. (a)
Public and private hospitals, [or] public and private clinics,
or [physicians licensed to practice medicine or advanced practice registered
nurses as defined in section 457-2.7] licensed health care providers
may, at the discretion of the treating [physician or advanced practice
registered nurse,] licensed health care provider, inform the spouse,
parent, custodian, or guardian of any minor patient of the provision of medical
care and services to the minor or disclose any information pertaining to [such]
the medical care and services after consulting with the minor patient to
whom [such] the medical care and services have been provided
under this chapter.
(b)
If the minor patient is not diagnosed as being pregnant or [afflicted
with [a] venereal disease, such] having a sexually transmitted
infection, this information as well as the application for diagnosis may be
disclosed, at the discretion of the treating [physician or advanced practice
registered nurse] licensed health care provider after consulting
with the minor patient."
SECTION 4. Section 577A-4, Hawaii Revised Statutes, is amended to read as follows:
"§577A-4 Financial
responsibility; counseling. (a) If a minor consents to receive medical care
and services, the spouse, parent, custodian, or guardian of the minor patient
shall not be liable for the legal obligations resulting from the furnishing of
medical care and services provided by the public [and] or private
hospital, public [and] or private clinic, or [physician
licensed to practice medicine, or advanced practice registered nurse as defined
in section 457-2.7.] licensed health care provider. A minor who consents to the provision of
medical care and services under this section shall assume financial
responsibility for the costs of such medical care and services. Any other law to the contrary
notwithstanding, no spouse, parent, custodian, or guardian whose consent has
not been obtained or who has no prior knowledge that the minor has consented to
the provision of such medical care and services shall be liable for the costs
incurred by virtue of the minor's consent.
(b)
Medical care and services shall include individual counseling for each
minor patient by a [physician licensed to practice medicine or advanced
practice registered nurse as defined in section 457-2.7. Such counseling] licensed health care
provider. Counseling shall seek to
open the lines of communication between parent and child.
(c) A covered entity shall have policies and
procedures established to maintain nondisclosure of the minor-initiated medical
care and services to the parent or legal guardian in accordance with federal
regulations, including title 45 Code of Federal Regulations part 164, subpart
E. The licensed health care provider
shall be entitled to submit a claim to the covered entity for the provision of
minor-initiated medical care and services to the minor pursuant to this
section, but shall not bill for out-of-pocket payments, copayments,
coinsurance, or deductibles.
(d) Upon notification from the licensed health care provider that minor-initiated medical care and services should not be disclosed, a covered entity shall not disclose to the minor's parent or legal guardian who is a policyholder or other covered person, any billing information, including payments made by the covered entity for minor-initiated medical care and services."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2023.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Medical Care; Minors; Covered Entity; Licensed Health Care Provider; Consent; Information; Financial Responsibility
Description:
Authorizes licensed osteopathic physicians and physician assistants, in addition to physicians and advance practice registered nurses, to provide minor-initiated medical care and services. Requires the licensed health care provider to ensure that the covered entity has been notified that minor-initiated medical care and services should not be disclosed. Requires the covered entity to have policies and procedures established to maintain nondisclosure of the minor-initiated medical care and services to the minor's parent or legal guardian. Authorizes the licensed health care provider to submit a claim to the covered entity for the provision of minor-initiated medical care and services.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.