STAND. COM. REP. NO. 1305

 

Honolulu, Hawaii

                  

 

RE:    S.C.R. No. 127

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Health, to which was referred S.C.R. No. 127 entitled:

 

"SENATE CONCURRENT RESOLUTION AFFIRMING THAT THE STATE HEALTH PLANNING AND DEVELOPMENT AGENCY IS SUBJECT TO HAWAII'S SUNSHINE LAW AND THAT THE STATE HEALTH SERVICES AND FACILITIES PLAN IS AN AGENCY RULE SUBJECT TO THE PUBLIC HEARING REQUIREMENTS OF CHAPTERS 91 AND 92, HAWAII REVISED STATUTES,"

 

begs leave to report as follows:

 

     The purpose of this measure is to affirm that:

 

     (1)  The State Health Planning and Development Agency (SHPDA) is subject to Hawaii's Sunshine Law, chapter 92, Hawaii Revised Statutes; and

 

     (2)  The State Health Services and Facilities Plan (Plan) is an agency rule that is subject to chapter 91, Hawaii Revised Statutes, and the preparation of the Health Services and Facilities Plan or any amendments thereto is required to go through the public hearing process in conformance with the requirements of chapters 91 and 92, Hawaii Revised Statutes.

 

     The intent of this measure is to ensure that the formation and conduct of public policy, including the discussions, deliberations, decisions, and actions of government agencies are conducted as openly as possible.

 

     Your Committee received testimony in opposition to this measure from the Department of Health and Kaiser Foundation Health Plan, Inc.  Your Committee received comments on this measure from the Office of Information Practices of the Office of the Lieutenant Governor and the State Health Planning and Development Agency.

 

     In light of the issues raised by this measure and testimony submitted on this measure, your Committee finds the need to establish a working group convened by the Chairs of the Senate and House Health Committees during the interim between the 2011 and 2012 Regular Sessions to further examine the issues raised by this measure and to recommend ways to improve the efficiency of SHPDA.  Your Committee notes that it is not the intent of this measure, nor any prospective discussions regarding SHPDA's policies and procedures held pursuant to this measure, to intervene in ongoing legal disputes.

 

     Accordingly, your Committee has amended this measure by:

 

     (1)  Deleting language affirming that SHPDA is subject to Hawaii's Sunshine Law and that the Plan is an agency rule subject to chapter 91, Hawaii Revised Statutes, and related findings;

 

     (2)  Adding language requesting the Health Committee Chairs in the Senate and House of Representatives to convene a working group during the interim between the Regular Session of 2011 and the Regular Session of 2012 to evaluate whether:

 

         (A)  SHPDA is subject to Hawaii's Sunshine Law, chapter 92, Hawaii Revised Statutes;

 

         (B)  The Plan is an agency rule that is subject to chapter 91, Hawaii Revised Statutes; and

 

         (C)  Preparation of the Plan or any amendments thereto are required to go through the public hearing process in conformance with chapters 91 and 92, Hawaii Revised Statutes;

 

     (3)  Adding language indicating that nothing in the measure may be used in any legal dispute or judicial proceeding, nor may any of the terms of the measure be applied retroactively from the effective date of the measure; and

 

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

 

     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 S.C.R. No. 127, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 127, S.D. 1.

 

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

 

 

 

____________________________

JOSH GREEN, M.D., Chair