STAND. COM. REP. 959

Honolulu, Hawaii

, 2003

RE: S.B. No. 1324

S.D. 1

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 Consumer Protection and Commerce, to which was referred S.B. No. 1324, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this bill is to improve the Medical Claim Conciliation Panel (MCCP) process in which medical tort claims are reviewed by MCCP before they may be pursued through the judicial system. Specifically, this bill:

(1) Attempts to give the claimant or claimant's attorney (claimant) a clearer understanding of a claim's issues and merit by:

(A) Requiring the claimant to file a certification along with the claim, that based on a consultation with a physician the claimant believes there is reasonable and meritorious cause for the claim;

(B) Mandating that the claimant make at least three good faith attempts to consult with a licensed physician in the same medical specialty as the professional against whom the claim is made, or if the claimant is unable to so consult, with a licensed physician knowledgeable and experienced in a medical specialty that is as closely related as practicable; and

(C) Giving claimants who did not have enough time to file a certification with the claim because of the statute of limitations, 90 days from the date of filing to obtain a consultation and submit the certification;

(2) Requiring that claimants first file their claim with MCCP, but thereafter giving the parties the option of agreeing to submit the claim to an alternative dispute resolution (ADR) provider; and

(3) Reducing the processing time for MCCP and ADR claims by requiring the MCCP and ADR proceedings be completed in 12 months instead of 18 months.

Testimony in support of this measure was submitted by the Department of Commerce and Consumer Affairs, Judiciary, and Hawaii Medical Association. The Consumer Lawyers of Hawaii voiced several concerns with the bill.

Your Committee finds that an increasing number of baseless claims have been filed with MCCP. This results in increased costs and expenses for health care providers and health care facilities that must defend against the claims. These cost increases are reflected in higher medical malpractice insurance premiums, and ultimately, in higher costs of health care services to the public.

Upon consideration, your Committee has amended this bill to reflect the substance of H.B. No. 1171, H.D. 1. As amended, this bill:

(1) Allows a claimant to consult with any licensed physician when the claimant is unable to consult with a physician in the same medical specialty as the health care professional against whom the claim has been made;

(2) Removes the undefined requirement of a "good faith" attempt to consult;

(2) Allows a claimant to file a certification that the claimant made two separate attempts to consult with two separate physicians, and that none would agree to provide a consultation; and

(3) Changes the effective date of the bill to July 1, 2050, to encourage further discussion and resolution of the issues.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1324, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1324, S.D. 1, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection and Commerce,

 

____________________________

KENNETH T. HIRAKI, Chair