STAND. COM. REP. NO.341

Honolulu, Hawaii

, 2001

RE: H.B. No. 281

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 281 entitled:

"A BILL FOR AN ACT RELATING TO NEUROTRAUMA,"

begs leave to report as follows:

The purpose of this bill is to facilitate the provision, management, and monitoring of services for individuals with neurotraumatic injuries. Specifically, this bill:

(1) Establishes the Neurotrauma Advisory Board within the Department of Health (DOH) to assist in the development of programs and services related to neurotrauma;

(2) Creates the Neurotrauma Special Fund (Fund) to be used for funding programs related to neurotrauma; and

(3) Establishes surcharges on convictions for various traffic offenses to be deposited into the Fund.

Supportive testimony was submitted by: the Brain Injury Association of Hawaii and a member of the Association's Legislative Committee; the president of the Spinal Cord Injury Support Group; a member of the State Traumatic Brain Injury Advisory Board to the Department of Health; and numerous citizens afflicted with neurotraumatic injuries. DOH and the Department of Education supported the intent of the bill. Comments were also submitted by the Department of Budget and Finance and a member of the American Board of Medical Psychotherapists.

Your Committee finds that the costs of the programs should not exceed $350,000. Furthermore, the dedication of State funding would facilitate the receipt of federal matching grant moneys at a 2:1 ratio.

While your Committee applauds the efforts of the parties to find a creative and thoughtful means of enhancing the level of care for persons afflicted with neurotraumatic injuries, your Committee also raises the following questions:

(1) How much revenue will be generated from the surcharges and will this be sufficient to fund the programs to be developed under this bill?

(2) Will this proposal create additional entitlements from the State?

In light of this, your Committee has amended the bill to clarify that moneys from the fund shall not be used to provide direct benefits that might be authorized under, nor to supplement, supplant, or indemnify any health care provider reimbursement, coverage, or benefit provided under Articles 10A (Accident and Sickness Contracts) and 10C (Motor Vehicle Insurance), and Chapters 386 (Workers Compensation), 432 (Mutual Benefit Societies and Fraternal Benefit Societies), 432D (Health Maintenance Organizations), or any long-term care insurance policy.

It is the intent of your Committee that the Fund not be used for the direct treatment of individuals afflicted with neurotramatic injuries. Your Committee urges the Committee on Finance to examine the proposed funding mechanism to ensure that the enactment of this bill will not create responsibilities on the State that would necessitate the dedication of general fund appropriations in the future.

Lastly, various technical, nonsubstantive amendments were made for purposes of clarity, style, and conformity.

 

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 281, as amended herein, and recommends that it be referred to the Committee on Finance, in the form attached hereto as H.B. No. 281, H.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

ERIC G. HAMAKAWA, Chair