Bill Text: HI HB310 | 2010 | Regular Session | Amended
Bill Title: Medical Torts; Medical Claim Conciliation Panel
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB310 Detail]
Download: Hawaii-2010-HB310-Amended.html
STAND. COM. REP. NO. 462
Honolulu, Hawaii
, 2009
RE: H.B. No. 310
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Fifth State Legislature
Regular Session of 2009
State of Hawaii
Sir:
Your Committee on Health, to which was referred H.B. No. 310 entitled:
"A BILL FOR AN ACT RELATING TO MEDICAL TORTS,"
begs leave to report as follows:
The purpose of this bill is to deter excessive litigation in medical tort claims that are filed following the rejection of an award granted by the Medical Claims Conciliation Panel (Panel) by authorizing the court to impose sanctions on:
(1) A plaintiff, if the judgment exclusive of any punitive damages fails to improve upon the Panel's award by 30 percent or more; or
(2) A defendant, if the judgment exclusive of any punitive damages increases the Panel's award by 30 percent or more.
The Hawaii Medical Association and Hawaii Association of Health Plans supported this bill. The Department of Commerce and Consumer Affairs (DCCA), Hawaii Association for Justice, and a concerned individual submitted comments.
Your Committee recognizes the concerns of DCCA's Office of Administrative Hearings regarding this bill, including the possibility of encouraging delays in the Panel's hearings, or claimants seeking artificially low damage awards from the Panel. Concerns also regarded the financial impact on operations and the members of the Panel. These issues should be given further consideration as this bill moves through the legislative process. Therefore, your Committee has amended this bill by changing its effective date to July 1, 2020, to encourage further discussion. Technical, nonsubstantive changes were also made for clarity, consistency, 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 H.B. No. 310, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 310, H.D. 1, and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Health,
|
|
|
____________________________ RYAN I. YAMANE, Chair |
|
|
|
|
