CONFERENCE COMMITTEE REP. NO. 69

 

Honolulu, Hawaii

                 , 2013

 

RE:    H.B. No. 62

       H.D. 2

       S.D. 2

       C.D. 1

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Sir and Madam:

 

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 62, H.D. 2, S.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO PHARMACY BENEFITS MANAGERS,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to protect the privacy of individual health information by prohibiting pharmacy benefits managers from using an individual's health information for the purpose of marketing, selling or disseminating an individual's health information, or directly contacting an individual by any means for the purpose of marketing pharmacies owned by the pharmacy benefits manager in the absence of medical necessity, the express permission of the individual, and, where applicable, the express permission of the relevant employee benefit plan, health benefit plan, or managed care plan.


     Your Committee on Conference has amended this measure by:

 

     (1)  Specifying that a pharmacy benefits manager shall not directly contact an individual by any means for the purposes of marketing pharmacy benefits manager-owned pharmacies without express written permission unless the contact is medically necessary to the health and safety of the individual;

 

     (2)  Specifying that an individual may freely revoke the affirmative opt in to the sale or dissemination of health information at any time;

 

     (3)  Adding definitions for "affiliated" and "health information"; and

 

     (4)  Specifying that the effective date of this measure shall be upon approval and the measure shall apply to all plans and contracts issued, renewed, modified, altered, or amended on or after such effective date.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 62, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 62, H.D. 2, S.D. 2, C.D.1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE SENATE

 

ON THE PART OF THE HOUSE

 

____________________________

JOSH GREEN, Chair

 

____________________________

DELLA AU BELATTI, Co-Chair

____________________________

ROSALYN H. BAKER, Co-Chair

 

____________________________

ANGUS L.K. MCKELVEY, Co-Chair