Report Title:

Physicians; Cooperative Indemnity; Anti-discrimination

Description:

Forbids discrimination against physicians and surgeons based on their collaboration with other licensed health care providers.

HOUSE OF REPRESENTATIVES

H.B. NO.

1841

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to physicians and surgeons.

 

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

SECTION 1. Section 435-2, Hawaii Revised Statutes, is amended to read as follows:

"435E-2 Cooperative indemnity. Physicians and surgeons [may], any other law to the contrary notwithstanding, may form cooperative corporations for the purposes of this chapter. The members of a cooperative corporation, which shall be limited to physicians and surgeons only, may enter into unincorporated interindemnity or reciprocal contracts among themselves; provided that such contracts indemnify solely in respect to medical malpractice claims against [such] those members, and do not collect in advance of loss any moneys other than contributions by each member to a collective reserve trust fund or for necessary expenses of administration. It shall be unlawful to discriminate against any physician and surgeon licensed under chapter 453 or 460 based on the physician's or surgeon's collaboration with other licensed health care providers, including advanced practice registered nurses licensed under chapter 457. Discriminatory practices include:

(1) Denying entry into the cooperative to physician and surgeons licensed under chapter 453 or 460; or

(2) Imposing surcharges based on their collaboration with other licensed health care providers.

All contracts shall apply reasonable, nondiscriminatory standards, free of anticompetitive intent or purpose. In addition, each such interindemnity, reciprocal, or interinsurance contract shall meet the requirements of this chapter."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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