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THE SENATE |
S.C.R. NO. |
152 |
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TWENTY-THIRD LEGISLATURE, 2006 |
S.D. 1 |
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STATE OF HAWAII |
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RESOLUTION
requesting the LEGISLATIVE REFERENCE BUREAU to conduct aN INTERIM study of the need for greater regulation of the medical malpractice insurance industry in hawaii and to propose needed reforms.
WHEREAS, Hawaii is having difficulty attracting and retaining physicians, particularly those with specialty practices subject to high medical malpractice insurance premiums such as obstetrics, gynecology, and trauma care; and
WHEREAS, this problem is reaching crisis proportions, especially on the Neighbor Islands, and is making it increasingly likely that Hawaii residents will not receive the timely, quality medical care that they need; and
WHEREAS, the Legislature has in the past considered measures to reduce the high cost of medical malpractice insurance by addressing traditional tort reform issues, such as joint and several liability, limits on non-economic damage awards and attorneys' fees, and the admissibility of apology statements by health care practitioners; and
WHEREAS, there is a growing awareness among the states of a need to make medical malpractice insurance providers more accountable and to impose controls on insurance premium rates; and
WHEREAS, many other states are studying the problem of the high cost of medical malpractice insurance and have proposed or enacted legislation to address the need to increase the regulation and transparency of the medical malpractice insurance industry; and
WHEREAS, the rising cost of medical malpractice insurance in Hawaii must be addressed to ensure the availability of timely, quality medical care; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, that the Legislative Reference Bureau conduct a study of the rising cost of medical malpractice insurance in Hawaii to evaluate the need to increase the regulation and transparency of the Hawaii medical malpractice insurance industry and to propose needed reforms; and
BE IT FURTHER RESOLVED that the study shall include a comparison of recommendations and measures pending or adopted in other states to address the problem, including measures:
(1) Setting standards and criteria for medical malpractice insurance rates and rate administration;
(2) Providing an opportunity for insureds to request a public hearing on medical malpractice insurers' requests for rate increases;
(3) Requiring medical malpractice insurers to file specified reports with the Insurance Commissioner, including reports about claims made and paid, and imposing penalties for failure to file;
(4) Requiring the Insurance Commissioner to make information in medical malpractice insurers' reports available to the public; and
(5) Creating medical malpractice insurance assistance funds, funded by medical professionals or the State; and
BE IT FURTHER RESOLVED that the study shall include recommendations for proposed legislation, if any; and
BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to confer with Hawaii health care professionals and representatives of appropriate health care organizations to obtain their perspective and insights; and
BE IT FURTHER RESOLVED that the Insurance Commissioner is requested to consult with the Legislative Reference Bureau and provide assistance to accomplish the purposes of this measure;
BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to report findings and recommendations, including any proposed legislation, to the Legislature no later than thirty days prior to the convening of the Regular Session of 2007; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Acting Director of the Legislative Reference Bureau and the Insurance Commissioner.
Report Title:
Regulation of the medical malpractice insurance industry.