STAND. COM. REP. NO. 934-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 2577

S.D. 1

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Health, to which was referred S.B. No. 2577, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PEER REVIEW,"

begs leave to report as follows:

The purpose of this bill is to encourage full and open reporting and discussion of medical errors and adverse outcomes by protecting the proceedings and records of health care review organizations (HCRO) from discovery. Specifically this bill:

(1) Defines HCROs and extends the same no-discovery protection applicable to peer review and quality assurance committees to HCRO proceedings and records; and

(2) Broadens the scope of matters included in "proceedings and records" that are not discoverable.

The Hawaii Health Systems Corporation, Hawaii Pacific Health, Hawaii Long Term Care Association, and Hawaii Medical Association testified in support of this bill. The Healthcare Association of Hawaii supported this bill with amendments. The Department of Health supported the intent of this measure with amendments. The Consumer Lawyers of Hawaii opposed this bill. The Hawaii Association of Health Plans provided comments.

Your Committee finds that the causes of medical errors in most cases are procedural, organizational, or structural deficiencies rather than the mistakes of individuals, and that the purpose of the peer review process is to identify errors that are systemic in nature and to improve health care. In order for this process to be effective and candid, hospitals and healthcare providers should not be penalized for providing information to medical error reporting systems.

Your Committee has amended this bill by, among other things:

(1) Expanding the definition of "quality assurance committee" to include interdisciplinary committees established by long-term care facilities, skilled nursing facilities, assisted living facilities, home care agencies, and hospices;

(2) Specifying that information and data compiled and submitted by a medical provider to an HCRO for the purpose of evaluating and improving the quality and efficiency of health care, when done through a peer review committee or of hospital quality assurance committee, is not subject to discovery; and

(3) Making technical, nonsubstantive amendments for clarity and style.

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2577, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2577, S.D. 1, H.D. 1, and be referred to the Committees on Judiciary and Consumer Protection and Commerce.

Respectfully submitted on behalf of the members of the Committee on Health,

 

____________________________

DENNIS A. ARAKAKI, Chair