RESOLUTION

WHEREAS, the cost of medical malpractice and hospital professional and general liability coverage continue to rise; and

WHEREAS, the rise in premiums is deterring medical professionals from practicing in high risk areas of medicine, thereby creating a shortage in those fields; and

WHEREAS, the escalating costs of premiums, lack of insurers providing coverage, and coverage restrictions, make it important to establish alternative means to insure and control exposure to liability risks; and

WHEREAS, the State has a vital interest in ensuring that its residents have adequate access to health care services; and

WHEREAS, a review by the Legislative Reference Bureau on state-sponsored insurance companies in other jurisdictions that provide medical malpractice insurance coverage and their experience in providing such coverage would assist the Legislature in making a reasoned decision on this issue; and

WHEREAS, a study and report by the Insurance Commissioner that includes:

would also assist the Legislature in making a reasoned decision on this issue; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the House of Representatives concurring, that the Legislative Reference Bureau is requested to review state-sponsored insurance companies in other jurisdictions that provide medical malpractice insurance coverage and their experience in providing such coverage; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to consult with the Insurance Commissioner, the Captive Insurance Administrator, the Hawaii Insurers Council, the Hawaii Medical Association, the Hawaii State Bar Association, the Healthcare Association of Hawaii, the Hawaii Health Systems Corporation, Kaiser Permanente, the Consumer Lawyers of Hawaii, the Hawaii Employer's Mutual Insurance Company, the Hawaii Medical Service Association, and the University of Hawaii School of Medicine; and

BE IT FURTHER RESOLVED that the Insurance Commissioner, the Captive Insurance Administrator, the Hawaii Insurers Council, the Hawaii Medical Association, the Hawaii State Bar Association, the Healthcare Association of Hawaii, the Hawaii Health Systems Corporation, Kaiser Permanente, the Consumer Lawyers of Hawaii, the Hawaii Employer's Mutual Insurance Company, the Hawaii Medical Service Association, and the University of Hawaii School of Medicine are requested to cooperate with the Legislative Reference Bureau in conducting this review; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to report its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that the Insurance Commissioner is requested to conduct a study that includes:

BE IT FURTHER RESOLVED that the Insurance Commissioner is requested to report the Insurance Commissioner's findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Acting Director of the Legislative Reference Bureau, the Insurance Commissioner, the Captive Insurance Administrator, the Acting Dean of the University of Hawaii School of Medicine, the Hawaii Insurers Council, the Hawaii Medical Association, the Hawaii State Bar Association, the Healthcare Association of Hawaii, the Hawaii Health Systems Corporation, Kaiser Permanente, the Consumer Lawyers of Hawaii, the Hawaii Employer's Mutual Insurance Company, and the Hawaii Medical Service Association.

Report Title:

Medical Malpractice Insurance; Study