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Hawaii Contraception Insurance Coverage Refusal Clause

This law was last updated on Nov 28, 2016

This law is Anti–Choice




Haw. Rev. Stat. Ann. §§ 431:10A-116.7




Conscience and Refusal Clauses, Religious Freedom

Full Bill Text

Hawaii Revised Statutes sections 431:10A116.7 allows religious employers to require issuers of its health-insurance plans to exclude coverage of contraceptive services and supplies.

The law defines religious employer to mean an entity for which each of the following is true:

  • The inculcation of religious values is the purpose of the entity;
  • The entity primarily employs persons who share the religious tenets of the entity;
  • The entity is not staffed by public employees; and
  • The entity is a nonprofit organization.

Each religious employer that invokes the exemption provided under this law must:

  • Provide written notice to enrollees upon enrollment with the plan, listing the contraceptive health care services the employer refuses to cover for religious reasons; and
  • Provide written information describing how an enrollee may directly access contraceptive services and supplies in an expeditious manner.

This exemption, enacted in 1999 and last amended in 2003, may not be used to exclude coverage for prescription contraceptive supplies ordered by a health-care provider with prescriptive authority for reasons other than contraceptive purposes, such as decreasing the risk of ovarian cancer or eliminating symptoms of menopause, or for prescription contraception that is necessary to preserve the life or health of an enrollee.

Enrollees in an exempted health plan may purchase contraceptive coverage directly from the insurer. The cost of purchasing such coverage may not exceed the enrollee’s pro-rata share of the price the group purchaser would have paid had the employer not invoked the religious exemption.


Related to Haw. Rev. Stat. Ann. sections 431:10A-116.6 and Haw. Rev. Stat. Ann. sections 432:1-604.5.