STAND. COM. REP. NO. 1660-26

Honolulu, Hawaii

, 2026

RE: H.R. No. 5

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Health, to which was referred H.R. No. 5 entitled:

"HOUSE RESOLUTION AFFIRMING AND SUPPORTING THE REQUIREMENT THAT HOSPITALS PROVIDE LIFE-SAVING EMERGENCY CARE TO PREGNANT PEOPLE, INCLUDING REPRODUCTIVE AND ABORTION SERVICES, WHEN SUCH CARE IS MEDICALLY NECESSARY TO STABILIZE A PATIENT UNDER THE EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT,"

begs leave to report as follows:

The purpose of this measure is to affirm and support the requirement that hospitals provide life-saving emergency care to pregnant people, including reproductive and abortion services, when such care is medically necessary to stabilize a patient under the Emergency Medical Treatment and Active Labor Act.

Your Committee received testimony in support of this measure from the Hawaii State Commission on the Status of Women; AAUW of Hawaiʻi; Planned Parenthood Alliance Advocates; Healthcare Association of Hawaii; Kona Indivisible; Matriarchy Rising; Indivisible Hawaiʻi Healthcare Team; American College of Obstetricians and Gynecologists, Hawaiʻi Section; American Civil Liberties Union of Hawaiʻi; Hawaiʻi Women Lawyers; and numerous individuals. Your Committee received testimony in opposition to this measure from the Hawaii Family Forum; A Place for Women; and four individuals.

Your Committee finds that timely access to life‑saving emergency medical care for pregnant patients is essential to protecting patient health and preventing serious injury or death. Your Committee further finds that the federal Emergency Medical Treatment and Active Labor Act has long been interpreted as requiring hospitals to provide stabilizing treatment, including reproductive and abortion services when medically necessary. However, recent changes in federal guidance have created confusion regarding the provision of emergency reproductive and abortive services and have resulted in physicians in other states reporting that patients are experiencing restricted and delayed treatment. These delays often occur because additional administrative, legal, or institutional steps are required before treatment can be provided, even in urgent situations, and can lead to increased morbidity and the need for more invasive interventions and can cause otherwise preventable complications. Your Committee believes that affirming and supporting Hawaii's long‑standing compliance with these standards reinforces access to emergency care, promotes public health, and upholds patient safety statewide.

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee concurs with the intent and purpose of H.R. No. 5 and recommends its adoption.

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

____________________________

GREGG TAKAYAMA, Chair