Report Title:

Vaccinations; Human Papillomavirus

 

Description:

Requires health insurance policies issued in the State to cover human papillomavirus vaccination for people age 11 through 26; directs the department of health to include human papillomavirus immunization in the teen vax program.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

590

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to vaccinations.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that infection with sexually transmitted human papillomavirus is common in adult populations worldwide.  Research suggests that up to seventy-five per cent of women will become infected with one or more of the sexually transmitted human papillomavirus types at some point during adulthood.  Although most genital human papillomavirus infections come and go without ever causing any symptoms, lingering infections with a small subset of high-risk HPV types can lead to the development of cervical cancer.

     The current generation of preventive human papillomavirus vaccines that are available target the two most common high-risk human papillomavirus types that cause about seventy per cent of all cervical cancer. The two vaccines that are currently available, Gardasil and Cervarix are designed to elicit virus-neutralizing antibody responses that prevent initial infection with the HPV types represented in the vaccine. The vaccines have been shown to offer one hundred per cent protection against the development of cervical pre-cancers and genital warts caused by the HPV types in the vaccine, with few or no side effects. The protective effects of these vaccines are expected to last a minimum of 4.5 years after the initial vaccination.

     The development of human papillomavirus vaccines offer a previously unavailable source of protection against one of the most common and deadly types of cancer.  In essence, a human papillomavirus vaccine is a vaccine against cervical cancer.  The purpose of this Act to improve the overall health of Hawaii's population and reduce the incidence of cervical cancer by requiring insurance coverage for human papillomavirus immunizations, to include HPV immunization among services available from the department of health to indigents and others, and to include human papillomavirus immunization among the vaccinations in the department of health's teen vax program.

     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-    Human papillomavirus immunization; notice.  (a)  Any other law to the contrary notwithstanding, each employer group health policy, contract, plan, or agreement issued or renewed in this State after December 31, 2006, that provides coverage to female policyholders ages eleven through twenty-six years of age, shall provide, not as an employer option and not as a deductible, immunization against human papillomavirus for the policyholder and individuals covered under the policy, contract, plan, or agreement.  The coverage provided shall in no way diminish or limit diagnostic benefits otherwise provided.

     (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 2007 when annual information is made available to policyholders, or in any other mailing to policyholders, but in no case later than December 31, 2007."

     SECTION 3.  Chapter 432, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§432-    Human papillomavirus immunization; notice.  (a)  Any other law to the contrary notwithstanding, each individual and group hospital or medical service plan, policy, contract, or agreement issued or renewed in this State after December 31, 2006, that provides coverage to female members ages eleven through twenty-six years of age, shall provide, not as an employer option and not as a deductible, immunization against human papillomavirus for the member and individuals covered under the policy, contract, plan, or agreement.

     (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 2007 when annual information is made available to members, or in any other mailing to members, but in no case later than December 31, 2007."

     SECTION 4.  Section 325-32, Hawaii Revised Statutes, is amended to read as follows:

     "§325-32  Immunization against infectious diseases.  The department of health may adopt rules requiring and governing immunization against typhoid fever, pertussis (whooping cough), diphtheria, tetanus, poliomyelitis, measles, mumps, hepatitis B, rubella, haemophilus influenzae type B, human papillomavirus, and any other communicable disease, if a suitable immunizing agent is available for the disease and a need for immunization against it exists within the State.  The department may also provide vaccines and other immunizing agents to private and public health care providers for administration to the general public."

     SECTION 5.  Section 325-38, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of health shall provide for the free immunization and vaccination of indigent and medically indigent persons and may provide such immunizations for others, especially children, of high risk and susceptibility as may be defined by the director through rules adopted pursuant to chapter 91, for their protection against the types of diseases that, in the discretion of the director, would be inimical to the health and lives of persons who may contract these diseases, including but not limited to diphtheria, pertussis, tetanus, polio, typhoid, measles, mumps, rubella, haemophilus influenza (systemic), hepatitis B, human papillomavirus, influenza, and pneumococcal disease, and against other diseases for which vaccines have and will have been developed in the future."

     SECTION 6.  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-116.5, 431:10A-116.6, 431:10A-119, 431:10A-120, and 431:10A-121, and 431:10-   , and chapter 431M."

     SECTION 7.  The director of health shall include immunization against human papillomavirus among the immunizations available in the teen vax program.

     SECTION 8.  There is appropriated out of the general revenues of the State of Hawaii the sum of $       , or so much thereof as may be necessary for fiscal year 2007-2008, and the sum of $       , or so much thereof as may be necessary for fiscal year 2008-2009, to carry out the purposes of sections 5 and 7 of this Act.

     The sums appropriated shall be expended by the department of health.

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect on July 1, 2007.

 

INTRODUCED BY:

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