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 S.B. No. 1041, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to limit the liability for civil damages of community health centers that operate a helicopter landing pad for use by Military Assistance to Safety and Traffic (MAST) helicopters, unless the community health center's conduct was grossly negligent, wanton, wilful, malicious, or intentional.

The Waianae Coast Comprehensive Health Center (WCCHC) submitted testimony in support of this measure. The Consumer Lawyers of Hawaii provided comments.

Your Committee finds that community health centers that operate a helicopter landing pad for use by MAST helicopters play a vital role in transporting patients in critical care, trauma, and emergency cases. The use of MAST helicopters has been a life-saving program for medical emergencies on the Waianae coast, as well as many other rural areas on Oahu. However, your Committee finds that certain community health centers have had difficulty with their insurance carrier because of the helicopter landing pad. This measure should resolve the situation with the insurance carrier.

Your Committee has amended the bill by:

(1) Inserting a sunset date of June 30, 2005; and

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 S.B. No. 1041, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1041, S.D. 1, H.D.1, and be referred to the Committee on Judiciary.