Indemnifies, holds harmless, and defends from liability, contracted mental health providers that render services to certain conditionally released persons pursuant to statutory provisions relating to fitness to proceed and penal responsibility. (HB1188 HD1)

A BILL FOR AN ACT

SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§663-    Private mental health community care provider; indemnification and defense of. The State shall defend, hold harmless, and indemnify any private mental health community care provider, its affiliates, representatives, officers, directors, stockholders, employees, agents, and partners, that is or was under contract with the department of health for the provision of mental health services pursuant to section 334-2.5, and is or was providing services to those persons committed to the custody of the director of health under chapter 704 and conditionally released pursuant to section 704-411(1)(b) or 704-415, in any civil action brought by such a person receiving such mental health services, for damages resulting from such mental health services provided, except for damages that resulted from the provider's, its affiliates', representatives', officers', directors', stockholders', employees', agents', and/or partners', gross negligence, or wilful or wanton acts or omissions."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2020.