STAND. COM. REP. NO. 976
Honolulu, Hawaii
, 2005
RE: H.B. No. 237
H.D. 3
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 237, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO TORTS,"
begs leave to report as follows:
The purpose of this bill is to develop solutions to the rising costs of medical malpractice insurance by establishing a temporary commission on medical tort reform to:
(1) Develop legislation for medical malpractice reform; and
(2) Determine the feasibility and advisability of establishing a state-sponsored insurance company or captive insurer to provide malpractice coverage to healthcare providers.
The John A. Burns School of Medicine at the University of Hawaii testified in support of this bill. The Department of Commerce and Consumer Affairs, Hawaii Medical Association, and Consumer Lawyers of Hawaii offered comments.
Your Committee notes that a concern was raised about whether certain provisions of this bill fall within the scope of this measure's title.
Your Committee has amended this bill by:
(1) Replacing the Insurance Division of the Department of Commerce and Consumer Affairs with the Legislative Reference Bureau as the agency to administer the commission;
(2) Providing that representatives from the Hawaii Employers' Mutual Insurance Company and the Hawaii Medical Service Association shall serve in an advisory role as nonvoting members of the commission; and
(3) Adding a representative from the University of Hawaii School of Medicine as a nonvoting member of the commission.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 237, H.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 237, H.D. 3.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ SYLVIA LUKE, Chair |
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