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.
In 2024, Hawaii considered legislation to amend certificate of need requirements, and to establish a task force to develop a comprehensive plan to provide universal access to equitable and affordable high-quality health care, but neither bill became law.
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. § 321-1.5. Primary health care incentive program; establishment: Department of Health — General and Administrative Provisions – Hawaii
Introduced: Status: Enacted
There is established within the department of health a primary health care incentive program. The program shall: (1) Utilize existing personnel and resources to focus on primary health care; (2) Study the adequacy, accessibility, and …
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Haw. Rev. Stat. § 323-1. Contracts with territories and possessions of the United States: Hospitals and Medical Facilities – Hawaii
Introduced: Status: Enacted
The governor is authorized to enter into and execute contracts in the name of the State with territories, possessions, and other areas in the Pacific Ocean region that are under the jurisdiction of the United …
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Haw. Rev. Stat. § 323-3. Practice by advanced registered nurses: Hospitals and Medical Facilities — General Provisions – Hawaii
Introduced: Status: Enacted
Each hospital in the State licensed under section 321-14.5 shall allow advanced practice registered nurses licensed pursuant to section 457-8.5 and qualified advanced practice registered nurses granted prescriptive authority pursuant to section 457-8.6 to practice …
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Haw. Rev. Stat. § 329-38. Prescriptions: Regulation of Manufacture, Distribution, Prescription, and Dispensing of Controlled Substances – Hawaii
Introduced: Status: Enacted
(a) No controlled substance in schedule II may be dispensed without a written prescription of a practitioner, except: (1) In the case of an emergency situation, a pharmacist may dispense a controlled substance listed in …
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Haw. Rev. Stat. § 346-41.5. Hawaii qualified health centers: Department of Human Services — General and Administrative Provisions – Hawaii
Introduced: Status: Enacted
If the medicaid managed care program is implemented, the department shall provide a supplemental capitation program for the uninsured with enabling services based on an annual cost-based determination to all Hawaii qualified health centers and …
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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
STATE BUDGET
Hawaii operates on a biennial budget cycle, with each biennium beginning on July 1. State agencies submit their budget requests to the Governor by September, who submits a proposed budget to the state legislature in December. The legislature adopts the budget around April or May. The Governor is required to submit a balanced budget. The legislature is not required to pass a balanced budget, but the budget the Governor signs into law must be balanced.
STATE LEGISLATURE
The state has 25 state Senators who serve four year terms, and 51 members of the House of Representatives, who serve two year terms. The state Legislature convenes on the third Wednesday in January of every year. Regular sessions are limited to sixty legislative days, but they can be extended by fifteen days by the Governor of Hawaii or by the request of two-thirds of each legislative house. Bills carry over from odd to even numbered years.