Overview
Hawaii promotes price transparency by maintaining an All-Payer Claims Database, which collects healthcare claims data from commercial payers, Medicaid, and Medicare. Hawaii also continues to use the Hawaii Health Information Exchange, the state’s private sector non-profit designee for the receipt of federal funds to create a statewide health information exchange that will ultimately feed into the nationwide eHealth Exchange technology network.
Additionally, Hawaii has consistently supported legislation that increase access to telehealth services. State telehealth parity laws require Medicaid and private payers to cover appropriate telehealth services equivalent to reimbursement for the same services provided in-person.
In support of the ACA, Hawaii passed legislation that established the Affordable Health Insurance Working Group to plan for and mitigate adverse effects of the potential repeal of the federal Affordable Care Act by Congress. Regardless of what happens on the federal level, the bill calls for the preservation of the primary provisions of the individual mandate, to ensures that certain benefits under the Affordable Care Act are preserved under Hawaii law, including prohibiting health insurance entities from imposing a preexisting condition exclusion and prohibiting health insurance entities from using an individual’s gender to determine premiums or contributions.
Hawaii exercises strong antitrust oversight in the healthcare market by mandating that all healthcare transactions provide notice to and obtain approval from the state attorney general and the state Health Planning and Development Agency, with concurrent review by the AG, determines whether the proposed acquisition is in the public interest and if the transaction might significantly impact the accessibility of affordable healthcare services in the community.
See below for an overview of existing Hawaii state mandates. Click on citation tab for detailed information of specific statutes (click link to download statute text).
State Action
Latest Legislative Session: 1/18/2023 - 5/4/2023 (2023-2024 term). *Current session bill updates are ongoing. Check back weekly for updates.
HB 1011 (see companion bill SB 1237) – Hawaii
Introduced: 2019 Status: Inactive / Dead
Authorizes State Health Planning and Development Agency to mandate the submission of Medicare Advantage (Medicare Part C) administrative data and healthcare services claims.
HB 1020 – Hawaii
Introduced: 2019 Status: Inactive / Dead
RELATING TO TELEHEALTH. Defines telehealth and the state’s goals in promoting telehealth. Establishes goals for the adoption and proliferation of telehealth to increase health care access. Establishes the Strategic Telehealth Advisory Council and permanent full-time …
HB 1026 (see companion bill SB 1324) – Hawaii
Introduced: 2023 Status: In Process
Amends various provisions of title 24 of the Hawaiʻi Revised Statutes (HRS) to update and improve existing provisions. Adds a Health Insurance Administrator deputy commissioner position. Defines “dormant captive insurance company” and sets out a …
HB 1062 (see companion bill SB 1360) – Hawaii
Introduced: 2023 Status: In Process
Strengthens and continues the Hospital Sustainability Program indefinitely. Appropriates funds out of the Hospital Sustainability Program Special Fund for fiscal years 2023-2024 and 2024-2025. Makes other non-substantive changes for consistency and clarify.
HB 1071 (see companion bill SB 1369) – Hawaii
Introduced: 2023 Status: In Process
Repeals the requirement to transfer the Oahu Regional Health care system in its entirety from the Hawaiʻi Health Systems Corporation to the Department of Health.
Haw. Rev. Stat. § 453-1.3. Practice of Telehealth: Medicine and Surgery — Generally – Hawaii
Introduced: Status: Enacted
Reimbursement for behavioral health services provided through telehealth shall be equivalent to reimbursement for the same services provided via face-to-face contact between a health care provider and a patient.
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Haw. Rev. Stat. § 453-2. License required; exceptions: Medicine and Surgery — Generally – Hawaii
Introduced: Status: Enacted
Except as otherwise provided by law, no person shall practice medicine or surgery in the State, either gratuitously or for pay, or offer to practice medicine or surgery in the State, or advertise or announce …
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Haw. Rev. Stat. § 480-2. Unfair competition, practices, declared unlawful: Antitrust Provisions – Hawaii
Introduced: Status: Enacted
Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful.
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Haw. Rev. Stat. § 480-4. Combinations in restraint of trade, price-fixing and limitation of production prohibited: Antitrust Provisions – Hawaii
Introduced: Status: Enacted
Provides that every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce in the State, or in any section of this State is illegal.
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Haw. Rev. Stat. § 480-4. Combinations in restraint of trade; price-fixing and limitation of production prohibited: Antitrust Provisions – Hawaii
Introduced: Status: Enacted
Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce in the State, or in any section of this State is illegal.
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In re: Suboxone Antitrust Litigation (State of Wisconsin, et al. v. Indivior Inc, et al.) – Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin
District Court: E.D. Pennsylvania Status: Pending
In September 2016, 35 state attorneys general and the District of Columbia brought a multi-district case against pharmaceutical manufacturer Indivior, MonoSol RX et al., alleging …
In Re: Generic Pharmaceuticals Pricing Antitrust Litigation – Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin
District Court: Eastern District of Pennsylvania Status: Pending
Plaintiffs are attorney generals from 48 states, Puerto Rico, and the District of Columbia, as well as classes of private plaintiffs that filed an antitrust …
Additional Resources
2019-2021 BUDGET
The State budgets on a biennium basis with the Executive biennium budget submitted to the Legislature for action on odd numbered years and the Executive supplemental budget submitted on even numbered years. The State’s fiscal year runs from July 1st to June 30th. Hawaii enacted its 2019-2021 Budget during the regular legislative session. To view Hawaii’s Department of Health 2019-2021 Budget, click here.
KEY RESOURCES
- Hawaii State Legislature
- Hawaii Office of the Attorney General
- Hawaii Health Information Corporation