STAND. COM. REP. NO.  29-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 1992

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Health, to which was referred H.B. No. 1992 entitled:

"A BILL FOR AN ACT RELATING TO MEDICAL LIABILITY,"

begs leave to report as follows:

     The purpose of this bill is to attract more physicians to serve in Hawaii's rural and medically underserved areas by limiting the amount of noneconomic damages that may be collected in a medical malpractice lawsuit in an attempt to stabilize and lower the rates of professional liability insurance.

     The Hawaii Health Systems Corporation, Department of the Attorney General, Healthcare Association of Hawaii, Hawaii Medical Association, Hawaii Association of Health Plans, Hawaii Psychiatric Medical Association, National Federation of Independent Businesses, American College of Obstetricians and Gynecologists – Hawaii Section, American Academy of Pediatrics – Hawaii Chapter, and numerous concerned individuals supported this bill.  The Department of Commerce and Consumer Affairs supported the intent of this measure.  The Consumer Lawyers of Hawaii opposed this bill.  The Office of the Governor submitted comments.

     Your Committee has amended this bill by, among other things:

(1)  Limiting noneconomic damages to $250,000;

(2)  Increasing the cap on noneconomic damages to $3,000,000, upon the court's determination of catastrophic damages;

(3)  Deleting limitations on contingent attorney's fees in medical tort actions;

(4)  Authorizing the jury or judge to consider, in assessing any percentage of negligence or other fault, the negligence or other fault of all indicated parties;

(5)  Allowing a jury to render a verdict for the plaintiff in a medical tort action that includes economic damages;

(6)  Providing that the amount of economic damages allocated to a healthcare provider in a medical tort action shall be based upon the healthcare provider's proportionate percentage of negligence or other fault;

(7)  Limiting the definition of "health care provider" to encompass fewer professions in the health care field;

(8)  Repealing the Act on June 30, 2013; and

(9)  Making technical, nonsubstantive changes for clarity, consistency, and style.

     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. 1992, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1992, 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,

____________________________

JOSHUA B. GREEN, M.D., Chair