Report Title:

Medical Injuries; Health Court

 

Description:

Establishes a working group to review the concept of health courts to handle medical injury claims and report its findings to the legislature.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

439

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO MEDICAL INJURIES.

 

 

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

 


     SECTION 1.  Health courts are administrative systems that specialize in adjudicating medical injury claims.  The legislature finds that the implementation of a health court system may improve patient safety, provide timely and fair compensation to injured patients, limit frivolous claims, cost less, and produce more consistent rulings.  The purpose of this Act is to create a working group to study the concept of health courts as a preferable alternative to the existing litigation oriented system.

     SECTION 2.  (a)  There is established a working group on the establishment of a health court, to be placed under the department of health for administrative purposes.

     (b)  The purpose of the working group on the establishment of a health court shall be to study the concept of health courts to handle medical injury claims.  The working group shall review the health court systems in other states, if any, as well as relevant articles, and determine the appropriate structure and features of a state health court system.  The topics to be considered by the working group shall include but is not limited to consideration of the health court's jurisdiction, the desired qualifications of health court justices, the manner of selecting health court justices, the manner of conducting hearings, and the types of damages that may be awarded.

     (c)  The working group on the establishment of a health court shall be comprised of the following members:

(1)  A representative of the senate, who shall be appointed by the governor from a list of three nominees submitted by the president of the senate;

(2)  A representative of the house of representatives, who shall be appointed by the governor from a list of three nominees submitted by the speaker of the house of representatives;

(3)  The director of health, or the director's designee;

(4)  The chief justice of the judiciary, or the chief justice's designee;

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

(6)  The president of the Hawaii State Bar Association, or the president's designee;

(7)  The dean of the school of law at the University of Hawaii, or the dean's designee; and

(8)  The executive director of the Hawaii Insurers Council, or the executive director's designee.

(d)  The department of health shall have the responsibility to convene the meetings of the working group on the establishment of a health court.  The department of health shall provide all administrative, technical, professional, and clerical support required by the working group and make the report under subsection (g).

(e)  The attorney general shall provide legal advice and representation to the working group.

(f)  Members of the working group on the establishment of a health court shall receive no compensation for their services, but may be reimbursed for travel costs necessary for the performance of their duties under this Act.

(g)  The working group on the establishment of a health court shall report its findings and recommendations, including the suggested legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2010.

(h)  The working group on the establishment of a health court shall cease to exist on May 15, 2010.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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