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 1963 – Hawaii
Introduced: 2024 Status: In Process
Expands the facilities or services that are exempt from certificate of need requirements to include psychiatric facilities, substance abuse treatment facilities, and certain bed change services.
HB 1980 – Hawaii
Introduced: 2022 Status: Inactive / Dead
Permits, but does not require or prohibit, Medicaid, health insurers, mutual benefit societies, and health maintenance organizations to cover telephonic behavioral health services under certain circumstances. Clarifies that telephonic services do not constitute telehealth. Effective …
HB 2021 – Hawaii
Introduced: 2022 Status: Inactive / Dead
Authorizes state-licensed and credentialed physicians, advanced practice registered nurses, and physician assistants, who are not physically in the State, to issue prescriptions for certain controlled substances under a limited circumstance. Authorizes pharmacies to dispense such …
HB 2108 (see companion bill SB 2980) – Hawaii
Introduced: 2020 Status: Inactive / Dead
Requires DOH, in conjunction with DHS and the insurance commissioner, to conduct a study determining the feasibility of establishing an all-payer health care pilot program in a county with a population greater than 500,000. Effective …
HB 2126 (see companion bill SB 2340) – Hawaii
Introduced: 2018 Status: Enacted
RELATING TO HEALTH INSURANCE: Ensures certain benefits under the federal Affordable Care Act are preserved under Hawaii law, including: extending dependent coverage for adult children up to 26 years of age; prohibiting health insurance entities …
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
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