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Legislature 2002


Senate chairman
resolute in stance
on suicide measures

Matsuura admits mistake
in calling bills "dumb," but still
will not allow them to be heard

Long-term care fee considered
Recall bill stirs ID theft fears


By Rosemarie Bernardo
rbernardo@starbulletin.com

A key lawmaker now says he was wrong to refer to a bill allowing physician-assisted suicide as "dumb," but Health Committee Chairman Sen. David Matsuura insists he will not hold hearings on the legislation.

"I admit it was a mistake to call it a dumb bill ... We understand the problem. How to solve these problems under the law is so complex. We don't know where to begin," said Matsuura (D, South Hilo, Puna).

Matsuura made his remarks after the full House approved the "death with dignity" measures in a preliminary vote and after Gov. Ben Cayetano again criticized Matsuura's comments yesterday.

"I thought it was cruel for Senator Matsuura to call this a dumb bill because the bill actually embodied the proposal that was recommended by a panel of some of Hawaii's most distinguished citizens, from religious groups as well as from the community," Cayetano said.

The governor repeated his call to Matsuura to at least hold a hearing on the measures.

"It's an issue which the people who feel strongly about it are usually the ones who have first-hand experience either with their family or loved one or perhaps those close to people who had that experience where people are suffering great agony before they can finally expire," Cayetano said.

"I hope that the senator will at least give it a hearing and separate his personal religious views from the merit of the bill," he added.

The two bills allowing terminally ill patients to end their lives with a doctor's assistance received preliminary approval from the House Friday night. The bills are expected to get final approval next week and move on to the Senate.

One so-called "death with dignity" measure would approve a constitutional amendment allowing assisted suicide.

The other bill specifically states that terminally ill, competent adults would be able to obtain a prescription for medication for the purpose of taking a lethal dose. The measure prohibits mercy killings, lethal injections and active euthanasia.

If Matsuura does not hold a hearing on the legislation, the bills will likely die.

Matsuura said he would rather the Cayetano administration push affordable prescription drugs for the elderly and long-term care "so we can provide quality life," than dealing with the physician-assisted suicide bills.

"We don't know if we can legally implement it," he said.



Legislature Directory

Legislature Bills & Hawaii Revised Statutes

Testimony by email: testimony@capitol.hawaii.gov
Include in the email the committee name; bill number;
date, time and place of the hearing; and number of copies
(as listed on the hearing notice.) For more information,
see http://www.hawaii.gov/lrb/par
or call 587-0478.


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Legislature looks
to create fee for long-term
health care program

The flat monthly fee of $10 paid by
workers would rise each year


By Bruce Dunford
Associated Press

As the swollen population of baby boomers approaches the inevitable onset of physical and mental handicaps related to aging, the Legislature is proposing the nation's first statewide long-term care program.

Some critics dub it "Vickycare" because first lady Vicky Cayetano has been a vocal supporter.

The measure passed in the House and a similar bill up for a vote in the Senate next week call for a mandatory $10 tax each month from every worker in the state between the ages of 25 and 98. That flat fee would increase by 5 percent each year.

After a 10-year vesting period, the Hawaii Long-term Care Benefits Fund would pay a qualified participant $70 a day, or a total of $25,550, for long-term care services.

Citing "a compelling need" for affordable financing of long-term care services, the Senate Health Committee's report supporting the bill declared that "increasing numbers of Hawaii's residents will need these services."

Baby boomers will begin to reach age 65 in 2011 and more elderly people will reach age 85 than in the past because of declining mortality rates, increasing Hawaii's elderly from 13 percent of the population in 1995 to 20 percent in 2040, according to the bill.

"It's not a panacea, but if we don't do something about it now, we are being neglectful, for this will be paid for by our children and grandchildren," said Rep. Dennis Arakaki (D, Kamehameha Heights-Kalihi Valley), a key supporter.

The program will be especially helpful to the gap group, "those who aren't poor enough to qualify for Medicaid and those who can't really afford to pay out of pocket," Arakaki said.

He credits Vicky Cayetano with coming up with the concept of a mandatory $10 flat fee.

Eligible for services would be those with physical or mental impairments that don't allow them to function independently. Services would include such things as home health and activity care, adult day care, care homes and hospice care.

Criticizing the plan was Senate Minority Leader Sam Slom, who said it is a tax increase on all workers for a program that "lacks the financial stability to go forward at this time."

The state should not be involved in providing long-term care insurance because of its track record in programs for special education, mental health and prisons, all of which have required federal court intervention, said Slom (R, Hawaii Kai-Aina Haina).

"It demonstrates very clearly that the state is not capable of providing this, particularly when it does not have a program in place that is clearly defined, that answers any and all questions," he said, using the "Vickycare" label.

There are growing alternatives in the private sector where the market is reacting to the need for long-term care, so the state should encourage that market to create more competition that will lower rates, Slom said.

Joining 12 Republicans in voting against the measure approved by the House on Thursday was Democratic Rep. Ed Case (D, Manoa), an announced candidate for governor.

"It's a tax on the employer-employee relationship and thus on business," Case said. "And we have to make economic revitalization our No. 1 priority, otherwise we're not going to have any employees from which to get $10 a month."

"If we were moving real economic revitalization measures through the Legislature which would give businesses the cushion with which to absorb an extra tax," the long-term care program could be supported, Case said.



Legislature Directory

Legislature Bills & Hawaii Revised Statutes

Testimony by email: testimony@capitol.hawaii.gov
Include in the email the committee name; bill number;
date, time and place of the hearing; and number of copies
(as listed on the hearing notice.) For more information,
see http://www.hawaii.gov/lrb/par
or call 587-0478.


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Recall election bill
raises concerns of
identity theft

But the measure is left unchanged
as it goes to the House floor


Associated Press

State Rep. Jim Rath said he is concerned that a bill on elections to recall legislators could be used to steal the identities of voters.

Rath (R, North Kona-South Kohala) told the House Finance Committee last week that the recall petition requires the person's name, address, Social Security number and signature.

That much information could be used for identity theft, a concern that prompted the state to end the use of Social Security numbers on driver's licenses, Rath said.

Committee Chairman Dwight Takamine (D, North Hilo-Hamakua) acknowledged the concern, but left the measure unchanged as it was approved and sent to the House floor for consideration.

Rath's concern will be raised in the committee report and can be addressed if the measure reaches a House-Senate conference committee, he said.

Rep. Mark Moses (R, Ewa-Kunia-Makakilo) said he is concerned that requiring petitions to have signatures equaling at least 25 percent of the number of voters registered for the previous election may not be enough.

Considering Hawaii's notoriously low voter turnout, it would be too easy in a close election race for the loser's supporters to get a recall election, Moses said.

Chief Elections Officer Dwayne Yoshina said he was concerned about having enough money in his budget to cover the cost of recall elections and the subsequent special elections if the officer holder is removed.



Legislature Directory

Legislature Bills & Hawaii Revised Statutes

Testimony by email: testimony@capitol.hawaii.gov
Include in the email the committee name; bill number;
date, time and place of the hearing; and number of copies
(as listed on the hearing notice.) For more information,
see http://www.hawaii.gov/lrb/par
or call 587-0478.



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