Healthcare (Women's Health)

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)

This Hawaii House Resolution (HR 5) affirms that hospitals must provide life-saving emergency care - including abortion services when medically necessary - to stabilize pregnant patients under the federal EMTALA law. It directly supports Hawaii hospitals and emergency providers, reinforcing their existing practice of offering such care without delay. The resolution urges all hospitals in Hawaii, including religiously affiliated ones, to continue following EMTALA’s requirement to provide necessary emergency treatment regardless of patient circumstances. It does not create new law but clarifies Hawaii’s commitment to upholding federal emergency care standards, addressing confusion from recent shifts in federal guidance. The resolution aims to strengthen public confidence in emergency care access for pregnant people across the state.

Senate Resolution 7 affirms Hawaii's support for the federal Emergency Medical Treatment and Active Labor Act (EMTALA), which requires hospitals to provide life-saving emergency care - including abortion services when medically necessary - to stabilize pregnant patients experiencing medical emergencies. The resolution urges all Hawaii hospitals, regardless of religious affiliation, to uphold EMTALA's requirements and ensure no pregnant patient faces delays or denials of timely emergency care. This is a declaratory statement of policy, not a new law, aimed at reinforcing existing federal standards and clarifying Hawaii's commitment to reproductive healthcare access during medical emergencies.