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GM 1159

Informing the Legislature that on May 29, 2026, the Governor signed the following bill into law: HB1875 HD2 SD2 (ACT 059).

2026 Regular Session

Hawaii strengthens protections for reproductive and gender-affirming care by barring abusive litigation and discriminatory actions, while preserving patient privacy and provider ri

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WeVote Research Nonpartisan
Bill Summary · GM 1159

Summary of GM 1159 (HB 1875, HD2, SD2) — Hawaii, 2026

  • Purpose and intent

    • Reinforce Hawaii’s protections for reproductive health care and adds protections for gender-affirming health care within state law.
    • Expand anti-abusive-litigation and anti-discrimination provisions to cover gender-affirming health care, aligning state policy with constitutional rights to privacy, equality, and bodily autonomy.
    • Loosen protections around protected health information disclosures in specific, clearly defined federal- and state-law contexts, while preserving patient rights and privacy.
    • Ensure health care providers and insurers cannot face adverse actions solely for providing lawful reproductive or gender-affirming services in Hawaii.

  • Key provisions and changes

    1. Abusive litigation prohibition and remedies (new chapter under 323J)
      • Prohibits abusive litigation related to accessing, receiving, providing, or facilitating reproductive health care or gender-affirming health care services that are lawful in Hawaii.
      • Allows aggrieved persons to sue for injunctive relief, actual and punitive damages, costs, and attorney’s fees.
      • Statute of limitations: six years from start of abusive litigation or from attempted enforcement of an order/judgment.
      • Clarifies that normal health care actions or payor-related activities (e.g., insurance status, fraud, etc.) are not considered abusive litigation.
      • Defines terms:
      • Abusive litigation: litigation or actions targeting lawful reproductive or gender-affirming services.
      • Aggrieved person: directly affected or their employer/agent in cases tied to employment.
      • Protects against out-of-state actions seeking to penalize or harass individuals for lawful activities in Hawaii.

  1. Medical malpractice insurers and health carriers (new protections under 323J)

    • Prohibits insurers from taking adverse actions against applicants/insureds solely for providing or assisting in reproductive or gender-affirming services, so long as those services comply with Hawaii law.
    • Prohibited actions include denial, non-renewal, cancellation, or punitive rate actions not supported by actuarial analysis.

  2. Prohibitions on discrimination by health plans (new protections under 323J)

    • No group health plan or insurer may terminate or refuse to renew a contract with a provider solely for offering reproductive or gender-affirming services.

  3. Definitions and scope (chapter 323J amendments)

    • Gender-affirming health care services: broad definition including medical, behavioral/mental health, surgical, diagnostic, rehabilitative, or pharmacologic services that affirm gender identity; includes care for two spirit, mahu, transgender, nonbinary, intersex, and other gender-diverse individuals.
    • Reproductive health care services: comprehensive definition covering pregnancy-related, contraceptive, abortion-related, counseling, and referrals.
    • Clarifies protected health information disclosures and the limited contexts in which disclosures may occur (e.g., health oversight, legal proceedings, law enforcement, coroners/medical examiners) with requirements for written attestations to ensure disclosures are not prohibited.

  4. Protections for health professionals and licensing boards (multiple sections)

    • Strengthens grounds for disciplinary action or denial of licenses for professions including physicians, nurses, marriage and family therapists, mental health counselors, psychologists, etc., when related to gender-affirming or reproductive health care services, subject to state-law conformity.
    • Allows boards to consider disciplinary actions in other states if they are consistent with Hawaii law and do not contradict Hawaii protections.
    • Maintains confidentiality and privilege protections for licensed professionals, with specific carve-outs for ethical, disciplinary, or court-ordered actions, while ensuring protection for disclosures tied to lawful services.

  5. Enforcement and cross-state cooperation

    • Section on denying foreign penal actions that attempt to threaten or penalize individuals for lawful reproductive or gender-affirming services in Hawaii.
    • Clarifies that Hawaii courts will not enforce foreign penalties that penalize such services.

  6. Effective date

    • Takes effect July 1, 2026.

  • Who and what is affected

    • Individuals seeking or receiving reproductive health care or gender-affirming health care in Hawaii.
    • Health care providers, including physicians, nurses, licensed mental health professionals, and marriage and family therapists.
    • Health insurers, employer-sponsored health plans, and medical malpractice insurers operating in Hawaii.
    • State licensing boards and disciplinary processes for health-related professions.
    • Entities and individuals involved in disputes or litigation around reproductive or gender-affirming health care services.

  • Procedural/timeline notes

    • The bill was signed into law on May 29, 2026 (Act 059) and takes effect July 1, 2026.
    • Creates civil remedies with defined time limits (six-year window) for abusive litigation actions.
    • Provides transitional language for handling disciplinary actions based on actions in other states, with conditions to protect Hawaii-law compliance.

Overall impact: The measure strengthens Hawaii’s protections for privacy, reproductive and gender-affirming health care, shields providers and patients from abusive or punitive actions based on lawful services, and clarifies information-sharing boundaries to accommodate evolving federal regulations while maintaining patient rights and state policy.

Compiled from official sources — confirm details with the bill’s official record.

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