STAND. COM. REP. NO. 3917

Honolulu, Hawaii

RE: H.B. No. 886

H.D. 1

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred H.B. No. 886, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROFESSIONALLY LICENSED OR CERTIFIED GOVERNMENT EMPLOYEES,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Clarify when the State shall be exclusively liable for claims for injury or loss of property, or personal injury or death, resulting from the negligent or wrongful act or omission of any professionally licensed or certified employee of the State while acting within the course and scope of the employee's office or employment;

(2) Preclude civil actions or proceedings for money damages against the employee, except for claims based on liability other than an employee's course and scope of employment with the State or other employer; and

(3) Clarify liability when the State agrees to assume full or partial responsibility in a civil action against a professional licensed or certified employee.

Your Committees received testimony in support of this measure from the Department of the Attorney General and Hawaii Association for Justice.

Your Committees find that in the decision of Slingluff v. State, 131 Hawai‘i 239, 317 P.3d 683 (Haw. Ct. App. 2013), the Intermediate Court of Appeals held that "physicians employed by the State, including prison doctors, exercising purely medical discretion in the diagnosis and treatment of potentially injured or sick people, are not protected from medical malpractice claims by the doctrine of qualified immunity under Hawai‘i law." Your Committees find that the Slingluff holding is contrary to legislative intent and public policy. To address the ramifications of Slingluff, and in an effort to attract and retain doctors, the State has taken steps to obtain professional liability insurance covering claims of individual liability for physicians in the Department of Public Safety. The cost of this insurance is borne by the State and is expected to rise over time as claims are made against those policies. This measure amends the law to supersede and override the Intermediate Court of Appeals' holding in Slingluff, which will make it unnecessary for the State to purchase certain insurance.

Your Committees have amended this measure by making it effective upon its approval.

As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 886, H.D. 1, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 886, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair