STAND. COM. REP. NO. 1281-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 3133

S.D. 2

H.D. 1

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 S.B. No. 3133, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PREVENTIVE MEDICINE,"

begs leave to report as follows:

The purpose of this measure is to ensure continued access to preventive medicine for Hawaii residents by:

(1) Establishing the Hawaii Preventive Services Advisory Committee to serve in an advisory capacity to the Department of Health on matters relating to clinical preventive services;

(2) Authorizing the Department of Health to issue clinical preventive service recommendations;

(3) Providing immunity for health care professionals who provide clinical preventive services based on recommendations of the Department of Health; and

(4) Requiring coverage of evidence-based clinical preventive services without cost-sharing.

Your Committee received testimony in support of this measure from the Department of Health; State Health Planning and Development Agency; Healthcare Association of Hawaii; Hawaiʻi Academy of Nutrition and Dietetics; American Academy of Pediatrics, Hawaiʻi Chapter; Hawaii Medical Association; and six individuals. Your Committee received testimony in opposition to this measure from the Hawaiian Islands Republican Women and five individuals. Your Committee received comments on this measure from the Department of Commerce and Consumer Affairs and Hawaii Medical Service Association.

Your Committee finds that access to preventive medicine, including evidence-based clinical preventive services, is fundamental to maintaining the health of Hawaii residents. Your Committee further finds that clinical preventive services, including immunizations, recommended by the Advisory Committee on Immunization Practice and the United States Preventive Services Task Force are currently required to be covered by health insurers without cost-sharing under the federal Patient Protection and Affordable Care Act. However, due to changing federal policies and priorities, long-standing, evidence based, and scientifically validated clinical practice guidelines for preventive medicine are increasing at risk of being withdrawn, invalidated, or otherwise no longer recognized under federal law, potentially resulting in a loss of no-cost coverage for these services. This measure seeks to ensure Hawaii residents continue to have no-cost access to these proven clinical preventive services by establishing a mechanism for the Department of Health to continue to issue a unified set of evidence-based recommendations for immunizations and other preventive services to be offered at no-cost by health insurers in Hawaii.

Your Committee has amended this measure by:

(1) Amending the composition of the Hawaii Preventive Services Advisory Committee to include a registered dietitian nutritionist or licensed nutrition professional;

(2) Inserting language granting the Advisory Committee, its members, and the Department of Health immunity from any liability or cause of action arising out of any act or omission made in good faith in the performance of their functions and duties;

(3) Clarifying that no-cost coverage requirements for health insurers, mutual benefit societies, and health maintenance organizations does not apply to any health insurance policy, medical service plan contract, or health maintenance organization policy, contract, plan, or agreement for which federal law would require the State to defray the cost of otherwise noncovered state mandated benefits;

(4) Changing the effective date to July 1, 3000, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3133, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3133, S.D. 2, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

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

____________________________

GREGG TAKAYAMA, Chair