Report Title:
Medical Tort Reform
Description:
Establishes a commission within the Insurance Commission to look into and develop - legislation for medical malpractice reform, a State-sponsored insurance company, and explore the use of a captive insurance plan. (HB237 HD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
237 |
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TWENTY-THIRD LEGISLATURE, 2005 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to torts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. (a) There is established within the insurance division, department of commerce and consumer affairs, for administrative purposes only, a temporary commission on medical tort reform.
The commission shall consist of:
(1) The insurance commissioner or the insurance
commissioner's designee;
(2) One representative each from:
(A) The captive insurance administrator, or the
administrator's designee;
(B) The Hawaii Insurers Council;
(C) The Hawaii Medical Association;
(D) The Hawaii State Bar Association;
(E) The Hawaii Employers' Mutual Insurance Company;
(F) The Healthcare Association of Hawaii;
(G) The Hawaii Health Systems Corporation;
(H) The Hawaii Medical Service Association;
(I) Kaiser Permanente; and
(J) The Consumer Lawyers of Hawaii;
and
(3) Two individuals representing the public and selected
by the insurance commissioner.
(b) The commission on medical tort reform shall:
(1) Discuss possible legislation for medical malpractice
reform;
(2) Determine the feasibility and advisability of establishing a state-sponsored insurance company to provide malpractice coverage to healthcare providers; and
(3) Determine the feasibility and advisability of establishing a captive insurer to provide malpractice coverage to healthcare providers.
(c) In carrying out its duties under this section, the
commission may request staff assistance from the state
department of commerce and consumer affairs and other
appropriate state and county executive agencies.
(d) The members of the commission shall serve without compensation, but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.
(e) The commission shall submit a report of its activities, including recommendations and proposed legislation, to the legislature no later than twenty days prior to the convening of the 2006 regular session. The legislative reference bureau shall assist the commission in drafting legislation to implement the commission's recommendations.
(f) The commission shall be dissolved on June 30, 2009.
SECTION 2. This Act shall take effect upon its approval.