THE SENATE

S.C.R. NO.

133

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

requesting the legislative reference bureau to study and report on the feasibility and advisability of establishing either a state-sponsored insurance company or a captive insurer to provide medical malpractice coverage to healthcare providers.

 

WHEREAS, the cost of medical malpractice and hospital professional and general liability coverage continue to rise; and

WHEREAS, the rise in premiums is deterring medical professionals from practicing in high risk areas of medicine, thereby creating a shortage in those fields; and

WHEREAS, the escalating costs of premiums, lack of insurers providing coverage, and coverage restrictions, make it important to establish alternative means to insure and control exposure to liability risks; and

WHEREAS, the State has a vital interest in ensuring that its residents have adequate access to health care services; and

WHEREAS, a study and report by the Legislative Reference Bureau on the feasibility and advisability of establishing either a state-sponsored insurance company or a captive insurer to provide malpractice coverage to health care providers will assist the Legislature in considering what measures to take to address the escalating costs of premiums and lack of coverage; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the House of Representatives concurring, that the Legislative Reference Bureau is requested to study the feasibility and advisability of establishing either a state-sponsored insurance company or a captive insurer to provide malpractice coverage to health care providers; and

BE IT FURTHER RESOLVED that the study should be made in close consultation with:

(1) The Insurance Commissioner or the Insurance Commissioner's designee; and

(2) One representative each from:

(A) The Captive Insurance Administrator, or the Administrator's designee;

(B) The Hawaii Insurers Council;

(C) The Hawaii Medical Association;

(D) The Hawaii State Bar Association;

(E) The Healthcare Association of Hawaii;

(F) The Hawaii Health Systems Corporation;

(G) Kaiser Permanente;

(H) The Consumer Lawyers of Hawaii;

(I) The Hawaii Employer's Mutual Insurance Company;

(J) The Hawaii Medical Service Association; and

(K) The University of Hawaii School of Medicine; and

BE IT FURTHER RESOLVED that the Insurance Commissioner, the Captive Insurance Administrator, the Hawaii Insurers Council, the Hawaii Medical Association, the Hawaii State Bar Association, the Healthcare Association of Hawaii, the Hawaii Health Systems Corporation, Kaiser Permanente, the Consumer Lawyers of Hawaii, the Hawaii Employer's Mutual Insurance Company, the Hawaii Medical Service Association, and the University of Hawaii School of Medicine are requested to cooperate with the Legislative Reference Bureau in conducting this study; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to report its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Insurance Commissioner, the Captive Insurance Administrator, the Acting Dean of the University of Hawaii School of Medicine, the Acting Director of the Legislative Reference Bureau, the Hawaii Insurers Council, the Hawaii Medical Association, the Hawaii State Bar Association, the Healthcare Association of Hawaii, the Hawaii Health Systems Corporation, Kaiser Permanente, the Consumer Lawyers of Hawaii, the Hawaii Employer's Mutual Insurance Company, and the Hawaii Medical Service Association.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Medical Malpractice; State-Owner or Captive Insurance Company.