STAND. COM. REP. NO.  579-12

Honolulu, Hawaii

                , 2012

RE:   H.B. No. 1967

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 1967, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO MEDICAL CLAIM CONCILIATION,"

begs leave to report as follows:

The purpose of this measure is to amend the medical claim conciliation law to emphasize the conciliatory nature of the process.  Additionally, this bill changes certain references to medical claim conciliation panels to medical inquiry and conciliation panels.

The Hawaii Medical Association, Hawaii Association for Justice, and a concerned individual testified in support of this measure.  The Office of Administrative Hearings of the Department of Commerce and Consumer Affairs provided comments.

     The Office of Administrative Hearings noted that if the person who initiated the inquiry failed to meaningfully participate in the inquiry, that person could not institute litigation against the opposing person, whereas there was no corresponding penalty against the opposing person for failing to meaningfully participate.

     Your Committee has amended this bill by:

     (1)  Deleting the provision that would have prevented the person who initiated the inquiry from being able to institute litigation due to the person's failure to meaningfully participate in the inquiry;

     (2)  Changing the effective date to January 7, 2059, to facilitate further discussion; and

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     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. 1967, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 1967, H.D. 2.

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

____________________________

GILBERT KEITH-AGARAN, Chair