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SB3057
THE SENATE
S.B. NO.
3057
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to health
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION
1.
�
The legislature finds that recent
changes to the immunization recommendations provided by the Advisory Committee
on Immunization Practices of the United States Department of Health and Human
Services differ significantly from established medical standards and practice,
such as the immunization recommendations provided by the American Academy of
Pediatrics.
�
The legislature also finds
that insurance companies have only publicly committed to providing coverage of
vaccines that were part of the Advisory Committee's recommendations made prior
to September 2025 until the end of 2026.
�
However, to protect the freedom of choice for the people of Hawaii to
comprehensively consider the full range of prevailing medical standards when it
comes to childhood immunization, there must be clarity regarding what their
insurance will cover.
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Accordingly,
the purpose of this Act is to clarify that the department of health is to
presume both the recommendations by the American Academy of Pediatrics and the
recommendations by the Advisory Committee on Immunization Practices of the
United States Department of Health and Human Services constitute the prevailing
medical standard for child health supervision services for purposes of health
insurance coverage.
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SECTION
2
.
�
Section 431:10A-115.5, Hawaii Revised
Statutes, is amended to by amending subsections (b) and (c) to read as follows:
����
"(b)
�
Child health supervision services shall
include twelve visits at approximately the following intervals:
�
birth; two months; four months; six months;
nine months; twelve months; fifteen months; eighteen months; two years; three
years; four years; and five years.
�
Services to be covered at each visit shall include a history, physical
examination, developmental assessment, anticipatory guidance, immunizations,
and laboratory tests, in keeping with
the
prevailing medical [
standards.
]
standard.
�
For purposes of this
subsection, [
the term "prevailing medical standards"
]
"prevailing
medical standard"
means the recommendations of the Advisory Committee
on Immunization Practices of the United States Department of Health and Human
Services and the American Academy of Pediatrics; provided that if the
recommendations of the committee and the academy differ, the department of
health shall [
determine which recommendations shall apply.
]
presume
that the recommendations of both the committee and the academy constitute the
prevailing medical standard.
�
The
department shall only deviate from this presumption to recommend more
comprehensive coverage or if the department finds, by clear and convincing
evidence, that a specific recommendation is not in the best interests of public
health.
����
(c)
�
Minimum benefits may be limited to one visit payable to one provider for
all of the services provided at each visit cited in this section, except that
the limitations authorized by this subsection shall not apply to immunizations
recommended by the Advisory Committee on Immunization Practices of the United
States Department of Health and Human Services and the American Academy of
Pediatrics; provided that if the recommendations of the committee and the
academy differ, the department of health shall [
determine which
recommendations shall apply
presume that the recommendations of both the
committee and the academy constitute the prevailing medical standard.
�
The department shall only deviate from this
presumption to recommend more comprehensive coverage or if the department
finds, by clear and convincing evidence, that a specific recommendation is not
in the best interests of public health.
"
����
SECTION
3
.
�
Section 431:10A-206.5, Hawaii Revised
Statutes, is amended by amending subsections (b) and (c) to read as follows:
����
"(b)
�
Child health supervision services shall
include twelve visits at approximately the following intervals:
�
birth; two months; four months; six months;
nine months; twelve months; fifteen months; eighteen months; two years; three
years; four years; and five years.
�
Services to be covered at each visit shall include a history, physical
examination, developmental assessment, anticipatory guidance, immunizations,
and laboratory tests, in keeping with
the
prevailing medical [
standards.
]
standard.
�
For purposes of this
subsection, [
the term "prevailing medical standards"
]
"prevailing
medical standard"
means the recommendations of the Advisory Committee
on Immunization Practices of the United States Department of Health and Human
Services and the American Academy of Pediatrics; provided that if the
recommendations of the committee and the academy differ, the department of
health shall [
determine which recommendations shall apply.
]
presume that
the recommendations of both the committee and the academy constitute the
prevailing medical standard.
�
The department
shall only deviate from this presumption to recommend more comprehensive
coverage or if the department finds, by clear and convincing evidence, that a
specific recommendation is not in the best interests of public health.
����
(c)
�
Minimum benefits may be limited to one visit payable to one provider for
all of the services provided at each visit cited in this section, except that
the limitations authorized by this subsection shall not apply to immunizations
recommended by the Advisory Committee on Immunization Practices of the United
States Department of Health and Human Services and the American Academy of
Pediatrics; provided that if the recommendations of the committee and the
academy differ, the department of health shall [
determine which
recommendations shall apply.
]
presume that the recommendations of both
the committee and the academy constitute the prevailing medical standard.
�
The department shall only deviate from this
presumption to recommend more comprehensive coverage or if the department
finds, by clear and convincing evidence, that a specific recommendation is not
in the best interests of public health.
"
����
SECTION
4
.
�
Section 432:1-602.5, Hawaii Revised Statutes,
is amended by amending subsections (b) and (c) to read as follows:
����
"(b)
�
Child health supervision services shall
include twelve visits at approximately the following intervals:
�
birth; two months; four months; six months;
nine months; twelve months; fifteen months; eighteen months; two years; three
years; four years; and five years.
�
Services to be covered at each visit shall include a history, physical
examination, developmental assessment, anticipatory guidance, immunizations,
and laboratory tests, in keeping with
the
prevailing medical [
standards.
]
standard.
�
For purposes of this
subsection, [
the term "prevailing medical standards"
]
"prevailing
medical standard"
means the recommendations of the Advisory Committee
on Immunization Practices of the United States Department of Health and Human
Services and the American Academy of Pediatrics; provided that if the
recommendations of the committee and the academy differ, the department of
health shall [
determine which recommendations shall apply.
]
presume
that the recommendations of both the committee and the academy constitute the
prevailing medical standard.
�
The department
shall only deviate from this presumption to recommend more comprehensive
coverage or if the department finds, by clear and convincing evidence, that a
specific recommendation is not in the best interests of public health.
����
(c)
�
Minimum benefits may be limited to one visit payable to one provider for
all of the services provided at each visit cited in this section, except that
the limitations authorized by this subsection shall not apply to immunizations
recommended by the Advisory Committee on Immunization Practices of the United
States Department of Health and Human Services and the American Academy of
Pediatrics; provided that if the recommendations of the committee and the
academy differ, the department of health shall [
determine which
recommendations shall apply.
]
presume that the recommendations of both
the committee and the academy constitute the prevailing medical standard.
�
The department shall only deviate from this
presumption to recommend more comprehensive coverage or if the department
finds, by clear and convincing evidence, that a specific recommendation is not
in the best interests of public health.
"
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SECTION 5.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION 6.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Department
of Health; Child Health Supervision Services; Immunization; Prevailing Medical
Standard; Recommendations
Description:
Clarifies
that the Department of Health is to presume both the recommendations by the
American Academy of Pediatrics and the recommendations by the Advisory
Committee on Immunization Practices of the United States Department of Health
and Human Services constitute the prevailing medical standard for child health
supervision services for purposes of health insurance coverage.
The summary description
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not legislation or evidence of legislative intent.