(a) An enrollee shall have the right to be informed fully prior to making any decision about any treatment, benefit, or nontreatment.

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Terms Used In Hawaii Revised Statutes 432E-4

  • benefits: means those health care services to which an enrollee is entitled under the terms of a health benefit plan. See Hawaii Revised Statutes 432E-1
  • Enrollee: means a person who enters into a contractual relationship under or who is provided with health care services or benefits through a health benefit plan. See Hawaii Revised Statutes 432E-1
  • Managed care plan: means any plan, policy, contract, certificate, or agreement, regardless of form, offered or administered by any person or entity, including but not limited to an insurer governed by chapter 431, a mutual benefit society governed by chapter 432, a health maintenance organization governed by chapter 432D, a preferred provider organization, a point of service organization, a health insurance issuer, a fiscal intermediary, a payor, a prepaid health care plan, and any other mixed model, that provides for the financing or delivery of health care services or benefits to enrollees through:

    (1) Arrangements with selected providers or provider networks to furnish health care services or benefits; and

    (2) Financial incentives for enrollees to use participating providers and procedures provided by a plan;

    provided that for the purposes of this chapter, an employee benefit plan shall not be deemed a managed care plan with respect to any provision of this chapter or to any requirement or rule imposed or permitted by this chapter that is superseded or preempted by federal law. See Hawaii Revised Statutes 432E-1

  • provider: means a health care professional. See Hawaii Revised Statutes 432E-1
(b) In order to inform enrollees fully, the provider shall:

(1) Discuss all treatment options with an enrollee, as provided by § 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 [advance] health-care directives, as provided for in chapter 327E, and durable powers of attorney in relation to medical treatment.
(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.