STAND. COM. REP. 171
Honolulu, Hawaii
, 2003
RE: H.B. No. 613
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Health, to which was referred H.B. No. 613 entitled:
"A BILL FOR AN ACT RELATING TO INSURANCE RATE REGULATION,"
begs leave to report as follows:
The purpose of this bill is to prohibit:
(1) Medical malpractice insurers from engaging in rate discrimination against physicians, surgeons, or osteopaths who enter into collegial agreements or collaborate with advanced practice registered nurses (APRN); and
(2) Imposing statutory duty of supervision of APRNs upon physicians, surgeons, or osteopaths who enter into collegial agreements with APRNs.
The Hawaii Nurses' Association and several concerned citizens testified in support of this measure. The Department of Commerce and Consumer Affairs and Hawaii Association for Physicians Indemnity submitted comments.
Your Committee finds that physicians that collaborate or enter into collegial agreements with APRNs have had to pay surcharges or had their malpractice insurance coverage canceled. As a result, APRNs have had difficulty finding physicians willing to enter into a collegial agreement, with a few limited exceptions.
Your Committee has amended this bill by:
(1) Placing the provision prohibiting duty of supervision with regard to collegial relationships under the medical torts law instead of the insurance code;
(2) Placing the provision prohibiting discrimination or surcharges to physicians, surgeons, or osteopaths entering into a collegial agreement with APRNs under the medical torts law instead of the insurance code; and
(3) Making technical, nonsubstantive amendments for purposes of clarity, conformity, 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. 613, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 613, H.D. 1, and be referred to the Committee on Consumer Protection and Commerce.
Respectfully submitted on behalf of the members of the Committee on Health,
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____________________________ DENNIS A. ARAKAKI, Chair |
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