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HB 1788

PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF HAWAII TO ESTABLISH ACCESS TO HEALTH CARE AS A FUNDAMENTAL RIGHT.

2026 Regular Session Introduced by Terez Amato and 9 co-sponsors

Hawaii constitutional amendment would establish health care access as fundamental right, potentially mandating state-guaranteed universal coverage with major budgetary implications.

Referred to HLT, JHA, FIN, referral sheet 1
#affordablehealthcare #constitutionalamendment #fundamentalright(conam)
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Bill Summary · HB 1788

Legislative bill overview

HB 1788 proposes a constitutional amendment to Hawaii's state constitution that would establish access to health care as a fundamental right. The measure is currently in the early legislative stage, having passed first reading and been referred to three House committees: Health (HLT), Judiciary & Hawaiian Affairs (JHA), and Finance (FIN).

Why is this important

Constitutional amendments carry significant legal weight and would fundamentally reshape Hawaii's approach to health policy by potentially obligating the state to guarantee health care access to all residents. This could have substantial implications for state budgeting, insurance regulations, and healthcare delivery systems, while positioning Hawaii among very few U.S. states with explicit constitutional health care rights.

Potential points of contention

  • Fiscal Impact: Opponents will likely question the state budget implications of guaranteeing universal health care access and whether Hawaii can fund such a mandate without significant tax increases or reallocation of resources
  • Implementation Specifics: The amendment doesn't specify what "access to health care" means in practice (coverage scope, provider networks, cost-sharing), leaving substantial policy questions unresolved
  • State Authority vs. Individual Rights: Debates may emerge over whether constitutionalizing health care creates enforceable individual rights that could limit legislative flexibility in healthcare policy decisions

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

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