SB 3077 Hawaii Senate · 2026 Regular Session

RELATING TO HEALTH CARE.

Summary
Adopts the Uniform Health Care Decisions Act (2023), as modified, to replace existing chapters related to advance health care directives and advance mental health care directives. Requires the Attorney General to convene a working group. Requires a report to the Legislature. Effective 1/30/2050. Implementation effective 7/1/20209. (SD2)
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House Passage
Governor
Introduced Jan 26, 2026 Last action Mar 12, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

SB3077_SD1 SB3077_SD2 · 5 edits
MODERATE
This bill updates Hawaii's health care decision laws by consolidating separate mental and physical health directives into a single unified framework, modernizing definitions to include 'supported decision-making,' and clarifying the authority of agents versus guardians. It also adds new requirements for physicians to explain advance directive forms to patients and establishes a working group to guide future implementation.
Scope change
The bill expands the scope by unifying advance health care and mental health care directives under one statutory framework and explicitly includes supported decision-making as a recognized accommodation for individuals making health decisions.
DEFINITION

Updated definitions to change 'supported decision making' to 'supported decision-making' and clarified that agents must be able to communicate decisions with appropriate assistance or technology.

REQUIREMENT

Added a new requirement for physicians to explain the nature and content of advance directive forms to patients, including the difference between an advance directive and the specific form provided.

Clarified that an agent appointed for non-mental health decisions has authority over all health care decisions, even when physical conditions are comorbid with mental health conditions.

ENFORCEMENT

Added a provision allowing prevailing plaintiffs in violation cases to recover reasonable attorneys' fees and litigation expenses.

TIMELINE

Adjusted the effective date for the repeal of the old chapters (327E and 327G) to July 1, 2029, and established a working group to report implementation recommendations by 2028.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
16
Key actions
6
Committee
7
Mar 12, 2026
Committee
Referred to HLT, JHA, referral sheet 17
lower
Mar 10, 2026
Introduced
Received from Senate (Sen. Com. No. 357) in amended form (SD 2).
lower
Mar 10, 2026
Upper · Passed
Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 22; Aye(s) with reservations: none. Noes, 3 (Senator(s) Awa, DeCorte, Fevella). Excused, 0 (none). Transmitted to House.
upper
Mar 5, 2026
Upper · Passed
The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 0 Excused: none.
upper
Feb 25, 2026
Upper · Passed
The committee(s) on JDC will hold a public decision making on 03-05-26 10:01AM; Conference Room 016 & Videoconference.
upper
Feb 19, 2026
Upper · Passed
Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.
upper
Feb 19, 2026
Committee
Reported from HHS (Stand. Com. Rep. No. 2424) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.
upper
Feb 13, 2026
Upper · Passed
The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 5 Aye(s): Senator(s) San Buenaventura, Kanuha, Keohokalole; Aye(s) with reservations: Senator(s) McKelvey, Fevella ; 0 No(es): none; and 0 Excused: none.
upper
Feb 10, 2026
Upper · Passed
The committee(s) on HHS added the measure to the public hearing scheduled on 02-13-26 1:00PM; CR 225 & Videoconference.
upper
Jan 30, 2026
Committee
Referred to HHS, JDC.
upper
Jan 28, 2026
Introduced
Introduced.
upper
Jan 26, 2026
Introduced
Pending Introduction.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Ron Kouchi
Ron Kouchi
DDemocratic
HI
8