CONFERENCE COMMITTEE REP. NO. 72

Honolulu, Hawaii

                 , 2011

RE:    H.B. No. 597

       H.D. 1

       S.D. 1

       C.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sirs:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 597, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HEALTH CARE,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this bill is to expand the definition of "quality assurance committee" to include interdisciplinary quality assurance committees composed of members from various health care organizations.  The intent of this measure is to establish that the proceedings and records of interdisciplinary quality assurance committees composed of members from various health care organizations have similar protections as those committees formed by hospitals, health maintenance organizations, and statewide trauma care systems.

     Your Committee on Conference heard concerns regarding the impact this bill may have on discoverable information.  Your Committee on Conference asserts that this measure does not seek to change discovery rules; rather, the goal of this measure is to encourage collaborative discussions regarding health care policies, procedures, and practices.  Accordingly, the expansion of the definition of "quality assurance committee" to include representatives of different groups of organizations does not alter the limited scope of confidentiality accorded in section 624-25.5 (c) and (d), Hawaii Revised Statutes.  Quality assurance committees may not prevent discovery of otherwise discoverable information and material simply by using or considering the information or material in its proceedings.

     Your Committee on Conference has amended this measure by changing its effective date to upon approval.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 597, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 597, H.D. 1, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ JOSH GREEN, M.D., Chair	____________________________ RYAN I. YAMANE, Co-Chair
____________________________ CLAYTON HEE, Co-Chair	____________________________ KARL RHOADS, Co-Chair