STAND. COM. REP. NO. 490

Honolulu, Hawaii

RE:    S.B. No. 813

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Health, to which was referred S.B. No. 813 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to encourage open communication between physicians and patients to improve patient safety and protect health care providers in medical malpractice actions.

     The measure attempts to accomplish this goal by adding a new rule to the Hawaii Rules of Evidence that makes expressions of sympathy or benevolence by a health care provider inadmissible as evidence of an admission of liability in a civil court proceeding.

     Your Committee received testimony in support of this measure from the Department of the Attorney General, Healthcare Association of Hawaii, The Queen's Medical Center, Kaiser Permanente, Hawaii Association of Health Plans, Consumer Lawyers of Hawaii, the Medical Insurance Exchange of California, Hawaii Medical Association, and seven individuals.  The Department of Commerce and Consumer Affairs submitted testimony supporting the intent of this measure.  The Judiciary of the State of Hawaii submitted comments on this measure.

     Your Committee finds that it is imperative that the health care system in Hawaii be built on trust.  Physicians and patients need to be able to communicate openly with each other without the fear of legal proceedings.  Your Committee finds that this measure would encourage health care providers to express sympathy and engage in humane conduct at a time when the patient or the patient's family most need emotional support, without fear that such benevolent conduct will be used against them as an admission of liability.

     Your Committee notes that the Judiciary raised concerns that a general apology bill that governed apologies and benevolent gestures by "individuals, corporations, or government entities" would be more inclusive and would cover "health care providers" as stated in this measure.  In addition the Judiciary's testimony suggested that the common expressions of condolence: "I apologize" and "I am sorry" need to be classified in the law.

     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 S.B. No. 813 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Labor.

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

____________________________

DAVID Y. IGE, Chair