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THE SENATE |
S.B. NO. |
2173 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to Insurance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly,
the purpose of this Act is to require health insurers, mutual benefit
societies, and health maintenance organizations that provide embedded dental
insurance plans to provide coverage for full-arch dental implants.
SECTION 2. Chapter 431, Hawaii Revised Statutes, is amended by adding a new section to article 10A to be appropriately designated and to read as follows:
"§431:10A- Full-arch dental implants; benefits and coverage; notice. (a) Each individual and group accident and health
or sickness insurance policy, contract, plan, or agreement issued or renewed in
this State after December 31, , shall provide to the policyholder and individuals covered
under the policy, contract, plan, or agreement, coverage for medically necessary full-arch dental implants and related services. Coverage required by
this section shall be paid for by medical insurance.
(b)
Every insurer shall provide notice to its policyholders regarding the
coverage required by this section. The
notice shall be in writing and prominently positioned in any literature or
correspondence sent to policyholders and shall be transmitted to policyholders
within calendar year when annual information is made available to policyholders or in any other mailing to policyholders, but in no case later than December 31, .
(c)
Coverage provided under this section shall be subject to a maximum
benefit of $ per treatment phase, but shall not be subject to limits on the
number of visits to a dentist. After December 31,
, the insurance commissioner, on an annual basis, shall adjust
the maximum benefit for inflation using the medical care component of the
United States Department of Labor Consumer Price Index for all urban
consumers. The commissioner shall
publish the adjusted maximum benefit annually no later than April 1 of each
calendar year, which shall apply during the following calendar year to accident
and health or sickness insurance policies, contracts, plans, or agreements
subject to this section. Payments made
by an insurer on behalf of a covered individual for any care, treatment,
intervention, service, or item, the provision of which was for the treatment of
a condition unrelated to the covered individual's full-arch dental implants, shall not be applied toward any maximum benefit established
under this subsection.
(d)
Coverage under this section may be subject to copayment, deductible, and
coinsurance provisions of an accident and health or sickness insurance policy,
contract, plan, or agreement that are no less favorable than the copayment,
deductible, and coinsurance provisions for other medical services covered by
the policy, contract, plan, or agreement.
(e)
This section shall not be construed as limiting benefits that are
otherwise available to an individual under an accident and health or sickness
insurance policy, contract, plan, or agreement.
(f) This section shall not
apply to limited benefit health insurance as provided pursuant to section
431:10A-607.
(g) For the purposes of this section, full-arch
dental implants shall be considered medically necessary when a
dentist who is licensed pursuant to chapter 448 and treating the individual
determines that full-arch dental implants are medically necessary and other
functional alternatives for prosthetic
replacement, including dentures or removable prostheses, will not correct the
individual's dental condition. Placement
of full-arch dental implants for cosmetic reasons or based on the preference of
the individual shall not be deemed medically necessary."
SECTION 3. Chapter 432, Hawaii Revised Statutes, is amended by adding a new section to article 1 to be appropriately designated and to read as follows:
"§432:1-613 Full-arch dental implants; benefits and coverage; notice. (a) Notwithstanding any
law to the contrary, each individual and group hospital or medical service plan
contract issued or renewed in this State after December 31, , shall provide to the member and individuals covered
under the plan contract coverage for coverage for medically necessary full-arch dental implants and related services. Coverage required by
this section shall be paid for by medical insurance.
(b)
Every mutual benefit society shall provide notice to its members
regarding the coverage required by this section. The notice shall be in writing and
prominently positioned in any literature or correspondence sent to members and
shall be transmitted to members within calendar year when annual information is made available to members or in any
other mailing to members, but in no case later than December 31, .
(c)
Coverage provided under this section shall be subject to a
maximum benefit of $ per treatment phase but shall not be subject to any limits on
the number of visits to a dentist. After December 31,
, the insurance commissioner, on an annual basis, shall
adjust the maximum benefit for inflation, using the medical care component of
the United States Department of Labor Consumer Price Index for all urban
consumers. The commissioner shall
publish the adjusted maximum benefit annually no later than April 1 of
each calendar year, which shall apply during the following calendar year to the
plan contracts subject to this section.
Payments made by a mutual benefit society on behalf of a covered
individual for any care, treatment, intervention, service, or item, the
provision of which was for the treatment of a condition unrelated to the
covered individual's full-arch dental
implants, shall not be applied toward any maximum
benefit established under this subsection.
(d)
Coverage under this section shall be subject to copayment, deductible,
and coinsurance provisions of a plan contract to the extent that other medical
services covered by the plan contract are subject to these provisions.
(e)
This section shall not be construed as limiting benefits that are
otherwise available to an individual under a plan contract.
(f) This section shall
not apply to limited benefit health insurance as provided pursuant to section
431:10A-607.
(g) For the purposes of this section, full-arch
dental implants shall be considered medically necessary when a
dentist who is licensed pursuant to chapter 448 and treating the individual
determines that full-arch dental implants are medically necessary and other
functional alternatives for prosthetic
replacement, including dentures or removable prostheses, will not correct the
individual's dental condition. Placement
of full-arch dental implants for cosmetic reasons or based on the preference of
the individual shall not be deemed medically necessary."
SECTION 4. Section 432D-23, Hawaii Revised Statutes, is amended to read as follows:
"§432D-23
Required provisions and benefits. Notwithstanding any provision of law to the
contrary, each policy, contract, plan, or agreement issued in the State after
January 1, 1995, by health maintenance organizations pursuant to this chapter,
shall include benefits provided in sections 431:10-212, 431:10A-115,
431:10A-115.5, 431:10A-116, 431:10A‑116.2, 431:10A-116.5, 431:10A-116.6,
431:10A-119, 431:10A-120, 431:10A-121, 431:10A-122, 431:10A-125, 431:10A-126,
431:10A-132, 431:10A-133, 431:10A-134, 431:10A-140, and [431:10A-134,]
431:10A- , and chapter 431M."
SECTION
5.
The benefit to be provided by health maintenance organizations
corresponding to the benefit provided under section 431:10A- ,
Hawaii Revised Statutes, as contained in the amendment to section 432D-23, Hawaii
Revised Statutes, in section 4
of this Act, shall take effect for all policies, contracts, plans, or
agreements issued in the State after December 31, .
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Health; Insurance; Full-Arch Dental Implants; Medically Required Mandatory Coverage
Description:
Requires health insurers, mutual benefit societies, and health maintenance organizations to provide coverage for full-arch dental implants that are medically necessary.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.