CONFERENCE COMMITTEE REP

CONFERENCE COMMITTEE REP. 69

Honolulu, Hawaii

, 2003

RE: S.B. No. 1324

S.D. 1

H.D. 2

C.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

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. 1324, S.D. 1, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO CONCILIATION PANELS,"

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 bill is to allow Medical Claim Conciliation Panel (MCCP) claimants to submit their claim to an alternative dispute resolution (ADR) process.

Your Committee agrees that claimants should be given the option and opportunity to resolve their claims through ADR. Claims resolved through ADR benefit not only the claimants, but also the MCCP and potentially the court system.

Since 1976, medical tort claims against health providers are required to undergo a merit review by the MCCP before the claims may be litigated. Your Committee finds that a growing number of baseless claims have been filed with the MCCP which results in increased costs and expenses for health care providers and health care facilities that must defend against the baseless claims. These costs are passed on to physicians in the form of higher medical malpractice insurance premiums that ultimately result in higher health care services to the public. Therefore, your Committee amended the bill by:

(1) Inserting an amendment to chapter 671, Hawaii Revised Statutes (HRS), that requires claims filed with the MCCP to be accompanied by a certificate stating that the claimant consulted with at least one licensed physician knowledgeable or experienced in the same medical specialty as the health care professional against whom the claim is made, and that the claim is reasonable and meritorious; providing a certificate filing extension for those claims that would be impaired by a statute of limitations; requiring that the claimant make one good faith attempt to obtain a consultation; exempting informed consent claims from the consultation requirement; and providing for the confidentiality of consulting physicians;

(2) Adding a definition for "good faith attempt" to §671- (a)(3), HRS;

(3) Replacing its effective date of July 1, 2050, with September 1, 2003; and

(4) Making technical, nonsubstantive changes for drafting style.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1324, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1324, S.D. 1, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ KENNETH T. HIRAKI, Co-Chair		____________________________ COLLEEN HANABUSA, Chair
____________________________ BLAKE K. OSHIRO, Co-Chair