Report Title:

Task Force; Medical Malpractice

 

Description:

Establishes a medical malpractice damages task force to develop a strategic plan to address the high costs of medical malpractice insurance rates and make recommendations on damage award ranges and guidelines for medical malpractice claims.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1785

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO MEDICAL MALPRACTICE CLAIMS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Recent discussions about the medical crisis in Hawaii focus not only on the shortage of doctors, but also the reasons for the shortage including high medical malpractice insurance rates, low reimbursement rates, and a high cost of living.  Recognizing that prudent action needs to be taken, it is important to bring all the stakeholders together for a complete discussion to develop a truly comprehensive approach with respect to reforming the issue of high medical malpractice insurance rates.

     Several other states have made great strides in addressing their state's medical crisis through a variety of innovative programs including patient compensation funds, caps on noneconomic damages, health courts, and advancing health information technology.

     The purpose of this Act, to be known as the Hawaii doctor recruitment and retention action task force act of 2009, is to establish a medical malpractice task force in the department of commerce and consumer affairs to develop a strategic plan to address the high cost of medical malpractice insurance in the State.

     This Act is one of eight legislative measures introduced in the twenty-fifth Hawaii state legislature designed to address the increasingly problematic medical environment in Hawaii.  Collectively, these eight measures shall be known as The Hawaii Doctor Recruitment and Retention Action Plan of 2009.

     SECTION 2.  (a)  There is established in the department of commerce and consumer affairs for administrative purposes a medical malpractice task force.  The task force shall discuss, study, hold public hearings, and develop a strategic plan to address the high costs of medical malpractice insurance rates in the State.  The task force shall study issues to provide incentives for doctors to practice in Hawaii including but not limited to patient compensation funds, increasing reimbursement rates for doctors, caps on non-economic damages, health courts, and advancing health information technology.  The task force shall also develop recommendations on damage award ranges and guidelines for malpractice claims based on recent medical malpractice cases.  The ranges and guidelines may be used in medical malpractice cases to determine damages.

     (b)  The task force shall be comprised of the following members:

     (1)  Two members, who shall be appointed by the governor;

     (2)  Two members, who shall be appointed by the speaker of the house of representatives;

     (3)  Two members, who shall be appointed by the president of the senate;

     (4)  The President of the Hawaii State Bar Association, or the President's designee;

     (5)  The Executive Director of the Hawaii Medical Association, or the director's designee; and

     (6)  A representative of the medical malpractice insurance industry, who shall be appointed by the governor from a list of three nominees submitted jointly by the speaker of the house of representatives and the president of the senate.

     (c)  The members of the task force shall:

     (1)  Select the chairperson of the task force;

     (2)  Serve without compensation;

     (3)  Be reimbursed for reasonable expenses, including travel expenses necessary for the performance of their duties under this Act; and

     (4)  Hold public hearings on issues relating to medical malpractice insurance rates, including damage awards ranges and guidelines for different types of medical malpractice claims, based upon recent cases.

     (d)  The department of commerce and consumer affairs shall provide all administrative, technical, professional, and clerical support required by the task force.

     (e)  The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2010.

     (f)  The task force shall cease to exist on June 30, 2010.

     SECTION 2.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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