Clarifies the State's enforcement jurisdiction in matters related
to the Newborns' and Mother's Health Protection Act of 1996 and
the Women's Health and Cancer Rights Act of 1998.  (SD1)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 431:2-201.5, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "431:2-201.5  Conformity to federal law.(a)  The
 4 provisions of [the Health Insurance Portability and
 5 Accountability Act of 1996, P.L. 104-191,] title 42 United States
 6 Code section 300(gg), et seq., as [it relates] they relate to
 7 group and individual health insurance [and to long-term care
 8 insurance to the extent provided in article 10H of chapter 431,]
 9 shall apply to title 24, except:
10      (1)  Where state law provides greater health benefits or
11           coverage than [the Health Insurance Portability and
12           Accountability Act of 1996, P.L. 104-191] title 42
13           United States Code section 300(gg), et seq., then the
14           state law shall be applicable;
15      (2)  This section shall not be applicable or affect life
16           insurance, endowment, or annuity contracts, or any
17           supplemental contract thereto, described in
18           section 431:10A-101(4);
19      (3)  The following definitions shall be used when applying

Page 2                                                     2797
                                     H.B. NO.           H.D. 1
                                                        S.D. 1

 1           [the Health Insurance Portability and Accountability
 2           Act of 1996, P.L. 104-191:] title 42 United States Code
 3           section 300(gg), et seq.:
 4           (A)  "Employee" means an employee who works on a full-
 5                time basis with a normal workweek of twenty hours
 6                or more;
 7           (B)  "Group health issuer" means all persons offering
 8                [benefits under group health plans,] health
 9                insurance coverage to any group or association,
10                but shall not include those persons offering
11                benefits exempted from Title I of the Health
12                Insurance Portability and Accountability Act of
13                1996, P.L. 104-191 under [section 706(c)] sections
14                732(c) and 733(c) of title I of the Employee
15                Retirement Income Security Act of 1974 and
16                sections 2747 and 2791(c) of the Public Health
17                Service Act; and
18           (C)  "Small employer" means an employer who employs
19                between one and no more than fifty employees;
20      (4)  All group health issuers shall offer all group health
21           plans to small employers whose employees live, work, or
22           reside in the group health issuer's service areas;
23           provided that the commissioner may exempt a group

Page 3                                                     2797
                                     H.B. NO.           H.D. 1
                                                        S.D. 1

 1           health issuer if the commissioner determines that the
 2           group health issuer does not have the capacity to
 3           deliver services adequately to enrollees of additional
 4           groups given its obligation to existing employer
 5           groups; and
 6      (5)  A group health issuer shall be prohibited from imposing
 7           any preexisting condition exclusion.
 8      (b)  The [insurance] commissioner may adopt rules to
 9 implement, clarify, or conform title 24 to [the Health Insurance
10 Portability and Accountability Act of 1996, P.L. 104-191.] title
11 42 United States Code section 300(gg), et seq.
12      (c)  The adoption of the Health Insurance Portability and
13 Accountability Act of 1996, P.L. 104-191 for the purposes of
14 title 24 is not an adoption for any purposes for income taxes
15 under chapter 235.
16      (d)  The State shall have jurisdiction over any matter that
17 title 42 United States Code section 300(gg), et seq., permits,
18 including jurisdiction over enforcement."
19      SECTION 2.  Statutory material to be repealed is bracketed.
20 New statutory material is underscored.
21      SECTION 3.  This Act shall take effect upon its approval.