CONFERENCE COMMITTEE REPORT NO. 121

                            Honolulu, Hawaii
                                            , 1999

                            RE:   S.B. No. 1452
                                  H.D. 3
                                  C.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
Senate to the amendments proposed by the House of Representatives
in S.B. No. 1452, H.D. 3, entitled:  

     "A BILL FOR AN ACT RELATING TO HEALTH," 

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this measure is to strengthen the provisions
of the Hawaii Patient Bill of Rights by adopting the
recommendations of the Patient Rights and Responsibilities Task
Force ("Task Force").

     After careful consideration, your Committee on Conference
has amended this bill by:

     (1)  Adopting the federal "prudent layperson" standard with
          respect to "emergency services" in section 431:10C-103,
          Hawaii Revised Statutes ("HRS"), rather than in section
          432E-1, HRS; 


 
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     (2)  Deleting the definition of "mutual benefit society" as
          it does not apply to motor vehicle accidents;

     (3)  Amending section 432E-6, HRS, by clarifying that:

          (A)  The independent medical evidence is exempt from
               the requirements of section 91-9(g), HRS, rather
               than chapter 91, HRS; and

          (B)  At the commissioner's discretion, the enrollee may
               recover reasonable attorney's fees and costs;

     (4)  Deleting the provisions relating to a health insurance
          revolving fund and appropriating the moneys therefrom,
          as an insurance regulation fund is being established in
          other related legislation;

     (5)  Referencing the insurance regulation fund, rather than
          the health insurance revolving fund, to reflect the
          above; and 

     (6)  Making technical, nonsubstantive changes for the
          purposes of clarity and style.

     Your Committee on Conference believes that this measure will
strengthen the protection of consumer rights of patients
receiving health care in this State. 

     Your Committee on Conference is in accord with the intent
and purpose of S.B. No. 1452, H.D. 3, as amended herein, and
recommends that it pass Final Reading in the form attached hereto
as S.B. No. 1452, H.D. 3, C.D. 1.

                                   Respectfully submitted,

MANAGERS ON THE PART OF THE        MANAGERS ON THE PART OF THE
            HOUSE                             SENATE
                                   
                                   
                                   
______________________________     ______________________________
ALEXANDER C. SANTIAGO, Co-         BRIAN T. TANIGUCHI, Co-Chair
Chair                              
                                   
                                   
                                   ______________________________
______________________________     BRIAN KANNO, Co-Chair
RON MENOR, Co-Chair

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______________________________     ______________________________
DWIGHT Y. TAKAMINE, Co-Chair       SUZANNE CHUN OAKLAND, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
JERRY L. CHANG, Member             ANDREW LEVIN, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
CHRIS HALFORD, Member              WHITNEY T. ANDERSON, Member


 
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