Bill Text: HI SB592 | 2012 | Regular Session | Amended

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Bill Title: Medical Torts; Medical Claim Conciliation Panel

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB592 Detail]

Download: Hawaii-2012-SB592-Amended.html

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STAND. COM. REP. NO. 392

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 592

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Health, to which was referred S.B. No. 592 entitled:

 

"A BILL FOR AN ACT RELATING TO MEDICAL TORTS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to authorize the court in medical tort litigation to impose sanctions on a non-prevailing party whose rejection of the Medical Claim Conciliation Panel's decision resulted in the subsequent litigation and to amend the requirements for the certificate accompanying any claim filed with the Medical Claim Conciliation Panel.  The intent of this measure is to reduce litigation and lower the cost of medical malpractice premiums.

 

     Your Committee received testimony in support of this measure from The League of Women Voters of Hawaii, Kaiser Permanente, Hawaii Medical Association, the Hawaii Association of Health Plans, and seven private citizens.

 

     Your Committee finds that the large number of medical tort litigation claims has a significant impact on the cost of medical malpractice insurance.  Your Committee further finds that there is a need to limit the number of medical tort litigation claims that have no merit.  Based on testimony received, your Committee finds that there are significant concerns that this measure may increase the number of cases that go to trial and that the Medical Claims Conciliation Panel should further assess the merits of this measure. 

 

     Accordingly, your Committee has amended this measure by inserting an effective date of July 1, 2050, to allow for further discussion. 

 

     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. 592, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 592, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

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

 

____________________________ JOSH GREEN, M.D., Chair