Survivors of sexual violence might need a lot of help from health care providers, but state lawmakers are concerned that those services may not be covered by insurance companies.

Legislation to require such coverage is part of a slate of proposed bills in the Hawaii Legislature this session addressing violence against women.

鈥淥ne of the things that we鈥檝e learned is that after there is an assault women need a lot of time to heal 鈥 both physically and mentally,鈥 said Sen. Roz Baker, the lead introducer of . 鈥淎nd even though many of our wonderful health plans claim that they cover all these services, we wanted to make sure that that was never an option 鈥 that it was going to be covered services and that it was going to be in the statute and it was going to be comprehensive services.鈥

Left to right, Rep Lauren Matsumoto, Rep Linda Ichiyama, Senator Laura Thielen and right, Senator Rosalyn Baker cheer clap during the 2019 Hawaii Womens Legislative Caucus Breakfast held at the YWCA.
From left, Rep. Lauren Matsumoto, Rep. Linda Ichiyama, Sen. Laura Thielen and Sen. Roz Baker at Wednesday’s Hawaii Women’s Legislative Caucus breakfast at the YWCA. Cory Lum/Civil Beat

Baker said the goal is not to 鈥渕align鈥 insurance companies.

鈥淏ut we know that things can change, and it鈥檚 important for all of these services to be adequately covered no matter who your provider is,鈥 she said.

The senator spoke Wednesday morning at the Richards Street YWCA in downtown Honolulu, where the Women鈥檚 Legislative Caucus of the Hawaii Legislature announced its 2019 package of about two dozen bills and resolutions.

Nearly half address violence against women.

“After there is an assault women need a lot of time to heal 鈥 both physically and mentally.” 鈥 Sen. Roz Baker

They call for extending the time for reporting聽, amending the of a family or household member to include blocking the nose or mouth or applying excessive pressure to the chest, establishing a centralized and permitting people 鈥渂ought and sold鈥 in the sex trade to vacate a conviction for prostitution.

would allow people convicted of some prostitution crimes to request that the offense be vacated, so long as the person is not convicted again within three years of the initial conviction. The bill and its House companion state that 鈥渟urvivors鈥 are 鈥渘ot criminals.鈥

鈥淚n our criminal law statutes in Hawaii, there are several crimes where if somebody has been convicted of a crime and they have a clean record for a certain period of time, they can expunge that crime off of that record,鈥 said Sen. Laura Thielen, a co-sponsor of SB 1039. 鈥淎nd that鈥檚 important, because sometimes if you are applying for certain jobs, if that鈥檚 on your record you would be disqualified for being in those jobs.鈥

Rep Amy Peruso 2019 Hawaii Womens Legislative Caucus Breakfast.
Rep. Amy Perruso, left, speaks about a bill prohibiting nondisclosure agreements involving sex assault and harassment as part of work requirements. Cory Lum/Civil Beat

Thielen said the legislation would apply to people involved in sex trafficking, either consensually or nonconsensually.

Rep. Amy Perruso is the lead introducer of , which would forbid written nondisclosure agreements involving sex assault and harassment as part of a condition of employment. Employers would also not be permitted to retaliate against employees for disclosing an incident.

鈥淚 think this has become nationally important,鈥 said Perusso. 鈥淲e are one of the states that are moving or have passed laws that address this concern, and I think it鈥檚 really ultimately about preventing the silencing of women. I think we have seen the destructive effects of widespread silencing.鈥

Regulating Midwives

The Women鈥檚 Legislative Caucus has existed for more than 20 years. It includes all women of the state House and Senate and is bipartisan. Three years ago, it was expanded to include female members of the four county councils to join state lawmakers in advocating legislation at the state and county levels.

In addition to reducing violence against women, addresses gender equity, women’s health and economic opportunities.

聽would establish a licensure process for midwives. Traditional birth attendants and Native Hawaiian healers would be exempt from the license requirement.

House Majority Leader Della Au Belatti, lead introducer of the bill, said lawmakers 鈥渉ave long struggled with this issue.鈥 She said the proposal came about through “great collaboration” with medical professionals and practicing midwives.

2019 Hawaii Womens Legislative Caucus Breakfast.
The Hawaii Women’s Legislative Caucus has existed for over 20 years. This year it is focused on bills to address violence against women. Cory Lum/Civil Beat

Relating to gender equity, would require the Legislative Reference Bureau to submit a report on how other jurisdictions oversee enforcement of Title IX. The landmark federal legislation of 1992, later renamed in honor of Hawaii鈥檚 late congresswoman, Patsy Mink, prohibits discrimination on the basis of gender in education programs receiving federal money.

Last year, the Legislature created a state corollary to Title IX prohibiting discrimination based on sex, gender, gender identity or sexual orientation for an education program receiving state money.

Rep. Linda Ichiyama, the lead introducer of HB 483, said the Legislature has been uncertain how to implement the law 鈥 hence the need for advice from the LRB this session.

鈥淚t’s uncharted territory,鈥 Ichiyama said. “No other state has gone this far.鈥

The Women鈥檚 Legislative Caucus unveiled the bills before an audience at the Y largely comprised of schoolgirls, as it often does to inspire future leaders.

This year鈥檚 package was dedicated to U.S. Sen. Mazie Hirono of Hawaii. Hirono served in the state House from 1981 until 1994 and is a founding member of the caucus.

Hirono was expected to attend Wednesday鈥檚 breakfast, but she had to catch a plane back to Washington on Tuesday to vote on legislation seeking to end the partial government shutdown.

Alan Yamamoto, Hirono鈥檚 chief of staff based in Hawaii, spoke in place of his boss. He said that there are a record 131 female members of Congress this year, or 24 percent of total membership. The Hawaii Legislature has 25 female members, or 32 percent.

Those numbers may have been one reason caucus members used words like 鈥渉opeful,鈥 鈥渙ptimistic,鈥 “encouraged鈥 and 鈥渆nergized鈥 to describe their feelings as the new session gets underway.

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