STAND. COM. REP. NO. 3716

Honolulu, Hawaii

RE: H.B. No. 1864

H.D. 2

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Commerce and Consumer Protection, to which was referred H.B. No. 1864, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO INSURANCE,"

begs leave to report as follows:

The purpose and intent of this measure is to require insurers, mutual benefit societies, and health maintenance organizations to provide coverage for standard fertility preservation services for persons undergoing medically necessary treatment that may cause iatrogenic infertility for policies, contracts, plans, and agreements issued or renewed after December 31, 2026.

Your Committee received testimony in support of this measure from the Insurance Division of the Department of Commerce and Consumer Affairs; State Health Planning and Development Agency; Hawaii Society of Clinical Oncology and Association for Clinical Oncology; Oncology Nursing Society; Fertility Institute of Hawaii; Advanced Reproductive Medicine and Gynecology of Hawaii, Inc.; Facing Our Risk of Cancer Empowered; American Cancer Society Cancer Action Network; Alliance for Fertility Preservation; Hawaii Medical Service Association; Hawaii Association of Health Plans; Hawaiʻi Women Lawyers; Blood Cancer United; and one individual.

Your Committee received comments on this measure from the Hawaiʻi Primary Care Association.

Your Committee finds that for individuals undergoing surgery, chemotherapy, or radiation therapy for certain cancers, these life-saving treatments can inadvertently damage reproductive organs or alter hormone levels, leading to permanent iatrogenic infertility. Your Committee further finds that it is possible for these individuals to preserve their ability to have biological children, however the high cost of fertility preservation can be a barrier for many. This measure would support individuals facing the possibility of iatrogenic infertility by ensuring access to vital fertility preservation services, which would provide them with the opportunity to start a family after undergoing medical treatments that compromise their fertility.

Your Committee has amended this measure by 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 Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1864, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1864, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

________________________________

JARRETT KEOHOKALOLE, Chair