STAND. COM. REP. NO. 10

Honolulu, Hawaii

, 2019

RE: H.B. No. 669

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Health, to which was referred H.B. No. 669 entitled:

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

begs leave to report as follows:

The purpose of this measure is to encourage participation in Hawaii-based residency programs by postgraduate medical residents and graduate medical education fellows by limiting their liability for the medical care they provide under the supervision of a licensed physician.

The Hawaii Health Systems Corporation, Hawaii Medical Association, Hilo Medical Center Foundation, Hawaii State Rural Health Association, and a few individuals submitted testimony in support of this measure. The Hawaii Association for Justice submitted testimony in opposition of this measure. The Department of the Attorney General and the University of Hawai‘i System submitted comments on this measure.

Your Committee notes the Hawaii Association for Justice's testimony that medical malpractice policy should focus on protecting patients, compensating injured patients appropriately, studying the medical system to determine the causes of medical errors, and deterring negligent acts rather than limiting the liability of providers of medical care.

Your Committee has amended this measure by:

(1) Clarifying that the limited liability applies to actions taken under the supervision of a licensed physician;

(2) Clarifying that the limited immunity from civil damages does not include acts of gross negligence or wanton acts or omissions;

(3) Clarifying the circumstances in which residents and fellows are considered to be under the supervision of a licensed physician;

(4) Changing its effective date to July 1, 2050 to encourage further discussion on the measure; and

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

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 H.B. No. 669, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 669, H.D. 1, and be referred to your Committees on Consumer Protection & Commerce and Judiciary.

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

____________________________

JOHN M. MIZUNO, Chair