Report Title:

Medical Malpractice Insurance

Description:

Prohibits medical malpractice insurers from engaging in rate discrimination against physicians or surgeons for entering into collegial agreements or collaborating with advanced practice registered nurses. (HB613 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

613

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO INSURANCE RATE REGULATION.

 

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

SECTION 1. Chapter 671, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§671- Collegial relationships. No duty is imposed on physicians, surgeons, or osteopaths licensed under chapter 453 or 460 who enter into a collegial relationship with an advanced practice registered nurse to supervise or otherwise direct the advanced practice registered nurse."

SECTION 2. Section 671-15.5, Hawaii Revised Statutes, is amended to read as follows:

[[]§671-15.5[]] Expungement of records; malpractice insurance rates. (a) Upon a decision by the medical claim conciliation panel finding for the health care provider pursuant to section 671-15(a), the health care provider may apply to the panel for expungement of all records of the related proceedings. The panel shall expunge all records if a majority of the panel finds that the complaint is fraudulent or frivolous.

(b) No insurer providing professional liability insurance for a health care provider shall increase any premium rate for the health care provider on the basis of the filing of a medical tort claim against the health care provider that is determined by the medical claim conciliation panel to be fraudulent or frivolous.

(c) No authorized or unauthorized insurer shall discriminate or otherwise impose a surcharge on any physician, surgeon, or osteopath licensed under chapter 453 or 460 for entering into a collegial agreement or collaborating with an advanced practice registered nurse."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.