STAND. COM. REP. 796

Honolulu, Hawaii

, 2003

RE: H.B. No. 43

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 43, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO INSURANCE FRAUD,"

begs leave to report as follows:

The purpose of this bill as received is to:

(1) Establish immunity from civil liability for a person who reports health insurance fraud except if such reports are made with malice or when the person has committed perjury; and

(2) Amend the definition of insurance fraud under the provisions of the motor vehicle article of the Insurance Code.

The Hawaii Association of Health Plans and State Farm Insurance Company testified in support of the bill. Hawaii Medical Service Association testified in support of the bill with an amendment. The Department of Commerce and Consumer Affairs, Insurance Division testified in support of the intent of the bill and offered amendments.

Upon consideration, your Committee has amended the bill by adding the substance of the insurance fraud penalties section from the motor vehicle article of the Insurance Code to the health insurance articles, which includes immunity from civil liability for persons who report insurance fraud.

Your Committee recognizes that the amendments made to this bill, including the issue of extending insurance fraud penalties and immunities to persons who report insurance fraud to all types of insurance as well as other concerns raised, warrants further discussion.

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. 43, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 43, H.D. 2.

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

 

____________________________

ERIC G. HAMAKAWA, Chair