2013 Hawaii Revised Statutes
TITLE 24. INSURANCE
432E. Patients' Bill of Rights and Responsibilities Act
432E-4 Enrollee participation in treatment decisions.

Note

Sections 432E-3 through 432E-8 designated as Part II by L 2011, c 230, §4.

§432E-4 Enrollee participation in treatment decisions. (a) An enrollee shall have the right to be informed fully prior to making any decision about any treatment, benefit, or nontreatment.

(b) In order to inform enrollees fully, the provider shall:

(1) Discuss all treatment options with an enrollee, as provided by section 671-3, including the option of no treatment at all;

(2) Ensure that persons with disabilities have an effective means of communication with the provider and other members of the managed care plan; and

(3) Discuss all risks, benefits, and consequences to treatment and nontreatment, as provided by section 671-3(b).

(c) The provider shall discuss with the enrollee and the enrollee's immediate family both advanced health-care directives and durable powers of attorney in relation to medical treatment, as provided for in chapter 327E and section 551D-2.5.

(d) A managed care plan shall be prohibited from imposing any type of prohibition, disincentive, penalty, or other negative treatment upon a provider for discussing or providing any information regarding treatment options and medically necessary or appropriate care, including no treatment, even if the information relates to services or benefits not provided by the managed care plan. [L 1998, c 178, pt of §2; am L 2003, c 114, §1; am L 2005, c 22, §30]