STAND. COM. REP. NO. 770

Honolulu, Hawaii

RE:    S.B. No. 798

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 798 entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to establish that 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 received testimony in support of this measure from the Hawaii Medical Service Association and Healthcare Association of Hawaii.

     The purpose of quality assurance committees is to encourage robust discussion that lead to changes in policies, procedures, and practices in the interests of protecting patient safety and the quality of medical services.  Your Committee finds that quality assurance committees are most effective if discussions amongst its own members as well as discussions between quality assurance committees of various hospitals, clinics, facilities, and other institutions are protected from discovery.  Your Committee believes that the potential for discovery has a dampening effect on discussions in quality assurance committees, which are focused on the greater good of all patients, and that patient protections that result from discussions in quality assurance committees are necessary to fulfill the purpose of such committees.  That said, 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 subsections (c) and (d) of section 624-25.5, Hawaii Revised Statutes.  Quality assurance committees may not prevent discovery of otherwise discoverable information and material by using or considering the information or material in its proceedings.

     The intent of your Committee is for this measure to apply to:

     (1)  Discussions within a quality assurance committee of any one licensed hospital, clinic, long-term care facility, skilled nursing facility, assisted living facility, home care agency, hospice, health maintenance organization, preferred provider organization, preferred provider network providing medical, dental, or optometric care, or authorized state agency whose function is to monitor and evaluate patient care; and

     (2)  Discussions between and among quality assurance committees comprising of various institutions listed in paragraph (1).

     Your Committee has amended this measure by inserting an effective date of July 1, 2050, to allow for further discussion.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 798, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 798, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair