THE SENATE	S.B. NO.	1213
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

relating to health-care.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 327E-9, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§327E-9[]]  Immunities.  (a)  A health-care provider or institution acting in good faith and in accordance with generally accepted health-care standards applicable to the health-care provider or institution shall not be subject to civil or criminal liability or to discipline for unprofessional conduct for:

     (1)  Complying with a health-care decision of a person apparently having authority to make a health-care decision for a patient, including a decision to withhold or withdraw health care;

     (2)  Declining to comply with a health-care decision of a person based on a belief that the person then lacked authority; or

     (3)  Complying with an advance health-care directive and assuming that the directive was valid when made and has not been revoked or terminated.

     (b)  An individual acting as agent, guardian, or surrogate under this chapter shall not be subject to civil or criminal liability or to discipline for unprofessional conduct for health-care decisions made in good faith[.] and may recover statutory damages upon prevailing in a civil action, pursuant to section 327E-10(c)."

     SECTION 2.  Section 327E-10, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§327E-10[]]  Statutory damages.  (a)  A health-care provider or institution that intentionally violates this chapter shall be subject to liability to the individual or the individual's estate for damages of $500 or actual damages resulting from the violation, whichever is greater, plus reasonable attorney's fees.

     (b)  A person who intentionally falsifies, forges, conceals, defaces, or obliterates an individual's advance health-care directive or a revocation of an advance health-care directive without the individual's consent, or who coerces or fraudulently induces an individual to give, revoke, or not to give an advance health-care directive, shall be subject to liability to that individual for damages of $2,500 or actual damages resulting from the action, whichever is greater, plus reasonable attorney's fees.

(c)  A person who brings a civil action against an individual acting as agent, guardian, or surrogate under this chapter regarding health-care decisions made in good faith shall be subject to liability to that individual for actual damages or damages of $25,000, whichever is less, plus reasonable attorney's fees and costs, if that individual is the prevailing party in the civil action.  The damages payable pursuant to this section shall be in addition to any other damages permitted by law."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Health-Care; Agents, Guardians, Surrogates; Civil Action Damages

Description:

Provides that an individual acting as agent, guardian, or surrogate regarding health-care decisions may be awarded damages upon prevailing in a civil action.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.