Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 237, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to develop a comprehensive solution to the rising cost of medical liability insurance by creating a commission to:

(1) Develop legislation for medical malpractice reform; and

Testimony in support of this bill was received from the American College of Obstetricians and Gynecologists. The Department of Commerce and Consumer Affairs supported the intent of this bill with amendments. Consumer Lawyers of Hawaii opposed the bill with amendments. Kaiser Permanente commented.

Your Committee finds that the quality and availability of healthcare is negatively affected by soaring medical malpractice costs. Action must be taken to address the medical liability crisis which is creating statewide healthcare access problems that are particularly acute on the neighbor islands. Your Committee believes that the commission established by this bill will provide the thorough and comprehensive review needed to develop effective solutions.

Your Committee has amended this bill by affixing a defective date of July 1, 2099, in the interest of promoting further dialogue. Technical, nonsubstantive amendments were also made for style, consistency, and clarity.

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 237, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Judiciary in the form attached hereto as H.B. No. 237, H.D. 2.