STAND. COM. REP. NO. 119

Honolulu, Hawaii

, 2005

RE: H.B. No. 237

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Health, to which was referred H.B. No. 237 entitled:

"A BILL FOR AN ACT RELATING TO TORTS,"

begs leave to report as follows:

The purpose of this bill is to implement reasonable, competitive, and effective healthcare liability reforms.

The Department of Commerce and Consumer Affairs, Hawaii Health Systems Corporation, Healthcare Association of Hawaii, Healthy Mothers Healthy Babies Coalition of Hawaii, Kaiser Permanente, University of Hawaii John A. Burns School of Medicine, Hawaii Section of The American College of Obstetricians and Gynecologists, and several community members supported this bill. The Consumer Lawyers of Hawaii opposed this bill.

Your Committee finds that a more in-depth, independent investigation is necessary in this matter. Accordingly, your Committee has amended this bill by replacing its substance with language that establishes a Commission on Tort Reform (Commission), within the office of the Insurance Commissioner, to:

(1) Discuss possible legislation for medical malpractice

reform;

 

(2) Look into developing a state-sponsored insurance

company to provide medical malpractice insurance for healthcare providers; and

(3) Look into the option of captive insurance in lieu

of state-sponsored insurance.

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 H.B. No. 237, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 237, H.D. 1, and be referred to the Committee on Consumer Protection & Commerce.

 

Respectfully submitted on behalf of the members of the Committee on Health,

 

____________________________

DENNIS A. ARAKAKI, Chair