Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Health, to which was referred H.B. No. 2091 entitled:

begs leave to report as follows:

The purpose of this bill is to provide protections for physicians, hospitals, and other health care providers relating to reviews of medical errors by, among other things:

The Hawaii Health Systems Corporation, Hawaii Medical Association, Healthcare Association of Hawaii, Hawaii Association of Health Plans, and Hawaii Pacific Health testified in support of this measure. The Consumer Lawyers of Hawaii opposed this measure.

Your Committee finds that the causes of medical errors are in most cases due to procedural, organizational, or structural deficiencies rather than the mistakes of individuals. In order for the peer review process to be effective, hospitals and healthcare providers should not be penalized for providing information to medical error reporting systems.

While this bill encourages free and candid discussion to improve health care, your Committee notes the concerns of the Consumer Lawyers of Hawaii, and encourages them to continue to dialogue in resolving differences pertaining to peer review.

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. 2091 and recommends that it pass Second Reading and be referred to the Committees on Judiciary and Consumer Protection and Commerce.