Physician Workforce Assessment and Planning
Creates John A. Burns school of medicine special fund. Assesses $60 fee to obtain or renew physician and osteopathic physician licenses. Transfers those fees from compliance resolution fund for deposit to the special fund for Hawaii physician workforce assessment and planning. Appropriates $150,000 in FY 2009-2010 and FY 2010-2011. Appropriates $5,000 from compliance resolution fund to the special fund in FY 2009-2010 and FY 2010-2011 and requires the special fund to reimburse the compliance resolution fund by 7/1/2010.
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII
A BILL FOR AN ACT
relating to physician workforce assessment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the State's population growth and rapidly aging population will significantly increase the demand for physician services. Hawaii's physician workforce is also aging. Federal statistics show that over a third of the State's physicians are fifty-five years of age or older and can be expected to leave the workforce at a time when demand is escalating. Furthermore, physician shortages will likely reduce access to care, particularly for neighbor island residents, the elderly, and the indigent statewide. Physician workforce shortages will also significantly raise the already high cost of medical care. In 2006, the federal government projected an across-the-board national physician shortage by the year 2020. Medical specialties whose physicians serve a large proportion of the elderly, such as ophthalmology and cardiology, may experience shortages ranging from thirty to fifty per cent. Many states have published internal studies that similarly forecast physician shortages.
The legislature finds it prudent to assess Hawaii's physician workforce on a continual basis. On-going assessments based on reliable physician workforce data will support proactive measures to prevent or ameliorate the impact of physician shortages in Hawaii.
The purpose of this Act is to implement statewide physician workforce assessment and planning.
SECTION 2. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§304A‑ John A. Burns school of medicine special fund. (a) There is established the John A. Burns school of medicine special fund, to be administered and expended by the University of Hawaii.
(b) The following shall be deposited into the special fund:
(1) Appropriations by the legislature;
(2) Physician workforce assessment fees established pursuant to section 453- ;
(3) Grants, donations, gifts, or other income received for the purposes of the special fund; and
(4) Interest earned or accrued on moneys in the special fund.
(c) Moneys in the special fund shall be used to support the John A. Burns school of medicine's activities related to physician workforce assessment and planning within Hawaii."
SECTION 3. Chapter 453, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§453‑ Physician workforce assessment fee; license; physician workforce information. When a license is initially issued or renewed, each physician or surgeon and each osteopathic physician or surgeon shall:
(1) Be assessed a fee of $60, which shall be deposited into the John A. Burns school of medicine special fund established under section 304A‑ to support ongoing assessment and planning of the physician workforce in Hawaii. Payment of the physician workforce assessment fee shall be required for the issuance of a new license or for a license renewal; and
(2) For the purpose of maintaining accurate physician workforce assessment information, provide or update personal and professional information, which shall not include information pertaining to revocation, limitation, suspension, or denial of a license, that is requested by the Hawaii medical board and transmitted to the John A. Burns school of medicine to be maintained in a secure database. The John A. Burns school of medicine may disclose information specific to any physician only with the express written consent of that physician. Provision of this information shall be required for the issuance of a new license or for a license renewal."
SECTION 4. Section 26-9, Hawaii Revised Statutes, is amended by amending subsection (o) to read as follows:
"(o) Every person licensed under any
chapter within the jurisdiction of the department of commerce and consumer
affairs and every person licensed subject to chapter 485A or registered under
chapter 467B shall pay upon issuance of a license, permit, certificate, or
registration a fee and a subsequent annual fee to be determined by the director
and adjusted from time to time to ensure that the proceeds, together with all
other fines, income, and penalties collected under this section, do not surpass
the annual operating costs of conducting compliance resolution activities required
under this section. The fees may be collected biennially or pursuant to rules
adopted under chapter 91, and shall be deposited into the special fund
established under this subsection[
.]; provided that the amounts
received under section 453‑ for physician workforce
assessment and planning shall be transferred on a quarterly basis from the
compliance resolution fund for deposit into the John A. Burns school of
medicine special fund established pursuant to section 304A‑ .
Every filing pursuant to chapter 514E or section 485A-202(a)(26) shall be
assessed, upon initial filing and at each renewal period in which a renewal is
required, a fee that shall be prescribed by rules adopted under chapter 91, and
that shall be deposited into the special fund established under this
subsection. Any unpaid fee shall be paid by the licensed person, upon
application for renewal, restoration, reactivation, or reinstatement of a
license, and by the person responsible for the renewal, restoration,
reactivation, or reinstatement of a license, upon the application for renewal,
restoration, reactivation, or reinstatement of the license. If the fees are
not paid, the director may deny renewal, restoration, reactivation, or
reinstatement of the license. The director may establish, increase, decrease,
or repeal the fees when necessary pursuant to rules adopted under chapter 91.
The director may also increase or decrease the fees pursuant to section 92-28.
There is created in the state treasury a special fund to be known as the compliance resolution fund to be expended by the director's designated representatives as provided by this subsection. Notwithstanding any law to the contrary, all revenues, fees, and fines collected by the department shall be deposited into the compliance resolution fund. Unencumbered balances existing on June 30, 1999, in the cable television fund under chapter 440G, the division of consumer advocacy fund under chapter 269, the financial institution examiners' revolving fund, section 412:2-109, the special handling fund, section 414-13, and unencumbered balances existing on June 30, 2002, in the insurance regulation fund, section 431:2-215, shall be deposited into the compliance resolution fund. This provision shall not apply to the drivers education fund underwriters fee, section 431:10C-115, insurance premium taxes and revenues, revenues of the workers' compensation special compensation fund, section 386-151, the captive insurance administrative fund, section 431:19-101.8, the insurance commissioner's education and training fund, section 431:2-214, the medical malpractice patients' compensation fund as administered under section 5 of Act 232, Session Laws of Hawaii 1984, and fees collected for deposit in the office of consumer protection restitution fund, section 487-14, the real estate appraisers fund, section 466K-1, the real estate recovery fund, section 467-16, the real estate education fund, section 467-19, the contractors recovery fund, section 444-26, the contractors education fund, section 444-29, the condominium management education fund, section 514A-131, and the condominium education trust fund, section 514B-71. Any law to the contrary notwithstanding, the director may use the moneys in the fund to employ, without regard to chapter 76, hearings officers and attorneys. All other employees may be employed in accordance with chapter 76. Any law to the contrary notwithstanding, the moneys in the fund shall be used to fund the operations of the department. The moneys in the fund may be used to train personnel as the director deems necessary and for any other activity related to compliance resolution.
As used in this subsection, unless otherwise required by the context, "compliance resolution" means a determination of whether:
(1) Any licensee or applicant under any chapter subject to the jurisdiction of the department of commerce and consumer affairs has complied with that chapter;
(2) Any person subject to chapter 485A has complied with that chapter;
(3) Any person submitting any filing required by chapter 514E or section 485A-202(a)(26) has complied with chapter 514E or section 485A-202(a)(26);
(4) Any person has complied with the prohibitions against unfair and deceptive acts or practices in trade or commerce; or
(5) Any person subject to chapter 467B has complied with that chapter;
and includes work involved in or supporting the above functions, licensing, or registration of individuals or companies regulated by the department, consumer protection, and other activities of the department.
The director shall prepare and submit an annual report to the governor and the legislature on the use of the compliance resolution fund. The report shall describe expenditures made from the fund including non-payroll operating expenses."
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $150,000 so much thereof as may be necessary for fiscal year 2009-2010 and the same sum or so much thereof as may be necessary for fiscal year 2010-2011 to implement statewide physician workforce assessment and planning as provided in this Act.
The sums appropriated shall be expended by the John A. Burns school of medicine of the University of Hawaii for the purposes of this Act.
SECTION 6. There is appropriated out of the compliance resolution fund the sum of $5,000 or so much thereof as may be necessary for fiscal year 2009-2010 and the same sum or so much thereof as may be necessary for fiscal year 2010-2011 to be deposited into the John A. Burns school of medicine special fund. These sums shall be reimbursed from the John A. Burns school of medicine special fund to the compliance resolution fund by July 1, 2010.
SECTION 7. The John A. Burns school of medicine shall submit a report of findings and recommendations detailing its assessment of the physician workforce to the legislature and the state health planning and development agency no later than twenty days prior to the convening of the regular session of 2011 and each odd-numbered year thereafter.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 2009.