HawaiiHB 18752025–2026 Regular Session (Year 2)HouseWALLET

RELATING TO HEALTH CARE.

Sponsored By: Adrian K. Tam (Democratic)

Signed by Governor

Summary

Expands the protections established under Act 2, SLH 2023, to include gender-affirming health care services, including clarifying permitted disclosures of protected health information to address changes in federal regulations. Establishes protections against abusive litigation. Prohibits medical malpractice insurers and health carriers from taking certain adverse actions against health care providers solely on the basis that the health care provider provides lawful reproductive health care services or gender-affirming health care services. (SD2)

Gender-Affirming Health Care ServicesReproductive Health Care ServicesProtectionsAbusive LitigationMedical Malpractice InsuranceHealth CarriersProtected Health InformationCovered EntitiesHHS/CPN, JDC

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 5 benefits, 0 costs, 1 mixed.

People targeted by care lawsuits can sue

People and certain employers or principals targeted by abusive lawsuits over care lawful in Hawaii can sue in state circuit court. They can seek a court order, actual and punitive damages, costs, and reasonable attorney fees. They must file within six years after the lawsuit starts or enforcement of an order or judgment is attempted. The law preserves malpractice cases and certain health-plan actions involving coverage, fraud, waste, or contracts.

Private records stay protected from cases

Covered entities cannot use or share health records to punish someone merely for seeking or providing qualifying care. Some official requests need a signed statement that the disclosure is allowed. Knowingly making a false statement is a misdemeanor. Separate rules also protect certain marriage and family therapy and counseling information from out-of-state or federal actions tied to lawful gender-affirming care.

Providers keep coverage for lawful care

A malpractice insurer cannot refuse, cancel, or decline to renew a provider's coverage solely because the provider offers or refers patients for qualifying care. The care must follow Hawaii law and accepted practice standards. Unsupported rate increases and penalties for that reason are also barred. Health plans cannot end or refuse to renew a participating provider's contract solely because the provider offers or helps provide this care. The law does not require plans to cover these services.

Hawaii blocks penalties for lawful care

Hawaii courts and agencies cannot help certain out-of-state cases targeting care that is lawful here. The state will not enforce certain foreign judgments or apply other states' laws in these cases. The governor must deny certain surrender requests, and Hawaii judges cannot issue some summonses for out-of-state cases. These protections do not apply when the conduct would also violate Hawaii law; a constitutional exception also applies to some surrender requests. The state also cannot penalize someone over pregnancy or gender-affirming care outcomes, or for helping someone access lawful care with voluntary consent. Witnesses called to testify out of state receive round-trip airfare and an extra $30 per day for lodging.

Care providers keep licensing protections

Several licensing boards cannot use specified out-of-state discipline or convictions to penalize providers over reproductive or gender-affirming care that was lawful in Hawaii. The protections cover physicians, counselors, nurses, psychologists, and marriage and family therapists. The exact rule differs by license; one care-related exception applies only to another state's disciplinary action. Some temporary practice limits still require notice and a hearing.

Family therapy needs group waivers

When family members receive therapy together, a therapist can share information covered by a person's written waiver. Every legally competent person in the family must also sign a waiver.

Sponsors & Cosponsors

Sponsor

  • Adrian K. Tam

    Democratic • House

Cosponsors

  • Terez Amato

    Democratic • House

  • Tina Nakada Grandinetti

    Democratic • House

  • Linda Ichiyama

    Democratic • House

  • Greggor Ilagan

    Democratic • House

  • Kim Coco Iwamoto

    Democratic • House

  • Lisa Marten

    Democratic • House

  • Amy A. Perruso

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 183 • No: 30

House vote • 4/23/2026

House Floor Vote

Yes: 42 • No: 8

Senate vote • 4/14/2026

Senate Floor Vote

Yes: 21 • No: 4

Senate vote • 4/7/2026

The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENT...

Yes: 3 • No: 1

Senate vote • 3/24/2026

The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENT...

Yes: 4 • No: 1

Senate vote • 3/20/2026

The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENT...

Yes: 4 • No: 0

House vote • 3/10/2026

House Floor Vote

Yes: 44 • No: 6

House vote • 2/24/2026

The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The ...

Yes: 7 • No: 1

House vote • 2/18/2026

Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA...

Yes: 44 • No: 6

House vote • 2/11/2026

The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The ...

Yes: 8 • No: 1

House vote • 2/11/2026

The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS. The ...

Yes: 6 • No: 2

Actions Timeline

  1. Act 059, 05/29/2026 (Gov. Msg. No. 1159).

    5/29/2026Senate
  2. Act 059, on 05/29/2026 (Gov. Msg. No. 1159).

    5/29/2026House
  3. Received notice of passage on Final Reading in House (Hse. Com. No. 823).

    4/24/2026Senate
  4. Received notice of House reconsideration of action in disagreeing to the amendments proposed by the Senate (Hse. Com. No. 815).

    4/23/2026Senate
  5. House agrees to Senate amendment(s).

    4/23/2026House
  6. Passed Final Reading as amended in SD 2 with Representative(s) Kila, Souza voting aye with reservations; Representative(s) Alcos, Garcia, Gedeon, Kong, Matsumoto, Muraoka, Pierick, Shimizu voting no (8) and Representative(s) Evslin excused (1).

    4/23/2026House
  7. Transmitted to Governor.

    4/23/2026House
  8. Reconsideration of action taken on 04-16-26.

    4/22/2026House
  9. Received notice of disagreement (Hse. Com. No. 780).

    4/17/2026Senate
  10. House disagrees with Senate amendment (s).

    4/16/2026House
  11. Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 21; Aye(s) with reservations: none. Noes, 4 (Senator(s) Awa, DeCorte, Fevella, Gabbard). Excused, 0 (none). Transmitted to House.

    4/14/2026Senate
  12. Returned from Senate (Sen. Com. No. 633) in amended form (SD 2).

    4/14/2026House
  13. Reported from JDC (Stand. Com. Rep. No. 3798) with recommendation of passage on Third Reading, as amended (SD 2).

    4/10/2026Senate
  14. 48 Hrs. Notice 04-14-26.

    4/10/2026Senate
  15. The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, Chang, San Buenaventura; Aye(s) with reservations: none ; 1 No(es): Senator(s) Gabbard; and 1 Excused: Senator(s) Awa.

    4/7/2026Senate
  16. The committee(s) on JDC will hold a public decision making on 04-07-26 10:15AM; Conference Room 016 & Videoconference.

    4/1/2026Senate
  17. Reported from HHS/CPN (Stand. Com. Rep. No. 3338) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.

    3/30/2026Senate
  18. Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.

    3/30/2026Senate
  19. The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 4 Aye(s): Senator(s) Keohokalole, Fukunaga, Lamosao, McKelvey; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 0 Excused: none.

    3/24/2026Senate
  20. The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 4 Aye(s): Senator(s) San Buenaventura, Kanuha, Keohokalole; Aye(s) with reservations: Senator(s) Fevella ; 0 No(es): none; and 1 Excused: Senator(s) McKelvey.

    3/20/2026Senate
  21. The committee(s) on CPN deferred the measure until 03-24-26 9:30AM; Conference Room 229 & Videoconference.

    3/20/2026Senate
  22. The committee(s) on HHS/CPN has scheduled a public hearing on 03-20-26 9:30AM; Conference Room 229 & Videoconference.

    3/16/2026Senate
  23. Received from House (Hse. Com. No. 306).

    3/12/2026Senate
  24. Passed First Reading.

    3/12/2026Senate
  25. Referred to HHS/CPN, JDC.

    3/12/2026Senate

Bill Text

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