Title 36, Civil Remedies And Defenses And Special Proceedings

§671-12 Review by panel required; notice; presentation of inquiry; request for a more definite statement of the inquiry. (a) Any person or the person's representative having concerns regarding the existence of a medical tort shall submit an inquiry to the medical inquiry and conc…

§671-12.5 Certificate of consultation. (a) Any inquiry filed with the medical inquiry and conciliation panel under this chapter shall be accompanied by a certificate that declares one of the following: (b) Where a party initiating an inquiry or the party's attorney intends to rel…

§671-13 Medical inquiry and conciliation panel proceedings; voluntary settlement. [(a)] Every inquiry regarding a medical tort shall be processed by the medical inquiry and conciliation panel within thirty days after the last date for filing a response. No persons other than the …

§671-14 Same; persons attending proceedings of panel. Unless excluded or excused by the panel, the following persons shall attend proceedings before the panel:

§671-15 Panel termination. The director of commerce and consumer affairs or the panel shall notify all affected parties upon termination of panel proceedings. At the discretion of the director or the panel, a notice of termination may state whether any party or parties to the mat…

§671-15.5 Expungement of records; malpractice insurance rates. (a) A health care provider may apply to the panel for expungement of all records of the related proceedings. The panel shall expunge all records if the panel agrees that the inquiry did not provide a sufficient basis …

§671-16 Subsequent litigation; excluded evidence. [(a)] The party initiating the inquiry may institute litigation based upon the circumstances of the inquiry in an appropriate court only after the medical inquiry and conciliation panel proceedings were terminated pursuant to sect…

§671-16.5 Arbitration; subsequent litigation. Any person or the person's representative claiming that a medical tort has been committed or any health care provider against whom an inquiry has been made may elect to bypass the court annexed arbitration program under section 601-20…

§671-16.6 Submission of inquiry to an alternative dispute resolution provider. (a) Any inquiry initially filed with the medical inquiry and conciliation panel may be subsequently submitted to an alternative dispute resolution provider upon the written agreement of all of the part…

§671-17 Immunity of panel members from liability. No member of a medical inquiry and conciliation panel shall be liable in damages for libel, slander, or other defamation of character of any party to a medical inquiry and conciliation panel proceeding for any action taken or any …

§671-18 Statute of limitations tolled. The filing of the inquiry with the medical inquiry and conciliation panel or with an approved or agreed upon alternative dispute resolution provider shall toll any applicable statute of limitations, and the statute of limitations shall remai…

§671-19 Duty to cooperate; assessment of costs and fees. [(a)] It shall be the duty of every person who files an inquiry with the medical inquiry and conciliation panel, every health care provider against whom the inquiry is made, and every insurance carrier or other person provi…

§671-20 Annual report. The director of commerce and consumer affairs shall prepare and submit to the legislature annually, twenty days prior to the convening of each regular session, a report containing the director's evaluation of the operation and effects of this chapter. The r…

§671-3 Informed consent. (a) The Hawaii medical board may establish standards for health care providers to follow in giving information to a patient, or to a patient's guardian or legal surrogate if the patient lacks the capacity to give an informed consent, to ensure that the pa…

§671-4 Notice of damages. (a) In any medical tort action, the party against whom the complaint, counterclaim, or cross-claim is made at any time may request a statement setting forth the nature and amount of the damages sought. The request shall be served upon the complainant, co…

§671-5 Reporting and reviewing medical tort claims. (a) Every self-insured health care provider, and every insurer providing professional liability insurance for a health care provider, shall report to the insurance commissioner the following information about any medical tort cl…

[§671-6] Administration of chapter. The director of commerce and consumer affairs shall be responsible for the implementation and administration of this chapter and shall adopt rules, in conformity with chapter 91, necessary for the purposes of this chapter. [L 1976, c 219, pt of…

[§671-7] Professional liability insurance; coverage for telehealth. (a) Every insurer providing professional liability insurance for a health care provider shall ensure that every policy that is issued, amended, or renewed in this State on or after January 1, 2017, shall provide …

PART I. GENERAL PROVISIONS [§671D-1] Short title. This chapter may be cited as the Hawaii Health Care Quality Improvement Act of 1989. [L 1989, c 354, pt of §3 and c 363, pt of §3]

PART II. PROMOTION OF PROFESSIONAL REVIEW ACTIVITIES [§671D-10] Limitation of damages for professional review actions. (a) If a professional review action of a professional review body meets all the standards specified in section 671D-11(a) except as provided in section 671D-11(b…

[§671D-11] Standards for professional review actions. (a) For purposes of the protection set forth in section 671D-10, a professional review action must be taken: A professional review action shall be presumed to have met the standards necessary for the protection set out in sect…

[§671D-12] Attorney's fees. (a) In any suit brought against a defendant, to the extent that a defendant has met the standards set forth under section 671D-11(a) and the defendant substantially prevails, the court, at the conclusion of the action, shall award to a substantially pr…

[§671D-13] Guidelines of the director. The director, in consultation with the director of the department of health, may adopt pursuant to chapter 91, such rules and voluntary guidelines as may assist the professional review bodies in meeting the standards described in section 671…

[§671D-14] Construction. (a) Except as specifically provided in this part, nothing in this part shall be construed as changing the liabilities or immunities under law. (b) Nothing in this part shall be construed as requiring health care entities to provide clinical privileges to …

[§671D-2] Purpose. The purpose of this chapter is to provide incentives and protection for physicians engaging in effective professional peer review. [L 1989, c 354, pt of §3 and c 363, pt of §3]

[§671D-3] Findings. The legislature finds the following:

§671D-4 Definitions. For purposes of this chapter the following words have the following meanings: "Adversely affecting" includes reducing, restricting, suspending, revoking, denying, or failing to renew clinical privileges or membership in a health care entity. "Clinical privile…

[§672B-1] Definitions. As used in this chapter: "Department" means the department of commerce and consumer affairs. "Design professional" means a professional engineer, architect, surveyor, or landscape architect licensed under chapter 464. "Director" means the director of commer…

[§672B-10] Expungement of records; liability insurance rates. (a) Upon a decision by the design claim conciliation panel finding for the design professional pursuant to section 672B‑9(a), the design professional may apply to the panel for expungement of all records of the related…

[§672B-11] Subsequent litigation; excluded evidence. [(a)] The claimant may institute litigation based upon the claim in an appropriate court only after a party to a design claim conciliation panel hearing rejects the decision of the panel, or after the twelve-month period under …

[§672B-12] Arbitration; subsequent litigation. Any person or the person's representative claiming that a tort has been committed by a design professional or any design professional against whom a claim has been made may elect to bypass the court annexed arbitration program under …

[§672B-13] Submission of claim to an alternative dispute resolution provider. (a) Any claim initially filed with the design claim conciliation panel may be subsequently submitted to an alternative dispute resolution provider upon the written agreement of all of the parties to the…

[§672B-14] Immunity of panel members from liability. No member of a design claim conciliation panel shall be liable in damages for libel, slander, or other defamation of character of any party to a design claim conciliation panel proceeding for any action taken or any decision, c…

[§672B-15] Statute of limitations tolled. The filing of the claim with the design claim conciliation panel or with an approved alternative dispute resolution provider shall toll any applicable statute of limitations, and any such statute of limitations shall remain tolled until s…

[§672B-16] Duty to cooperate; assessment of costs and fees. [(a)] It shall be the duty of every person who files a claim with the design claim conciliation panel, every design professional against whom the claim is made, and every insurance carrier or other person providing profe…

[§672B-17] Annual report. The director shall prepare and submit to the legislature annually, no later than twenty days prior to the convening of each regular session, a report containing the director's evaluation of the operation and effects of this chapter. The report shall incl…

[§672B-2] Administration of chapter. The director shall be responsible for the implementation and administration of this chapter and shall adopt rules, in conformity with chapter 91, necessary for the purposes of this chapter. [L 2007, c 207, pt of §2]

[§672B-3] Design claim conciliation panels; composition, selection, compensation. (a) There are established design claim conciliation panels that shall review and render findings and advisory opinions on the issues of liability and damages in tort claims against design profession…

[§672B-4] Waiver of filing fee. (a) If any party to a claim cannot pay the required filing fee, the party may file with the director a motion to waive the filing fee. The motion to waive the filing fee shall be accompanied by an affidavit in a format prescribed by the department,…

[§672B-5] Review by panel required; notice; presentation of claims; request for a more definite statement of the claim. (a) Effective January 1, 2008, any person or the person's representative claiming that a tort has been committed by a design professional shall submit a stateme…

[§672B-6] Certificate of consultation. (a) Any claim filed with the design claim conciliation panel under this chapter shall be accompanied by a certificate that declares one of the following: (b) For the purposes of this section, the claimant or the claimant's attorney shall not…

[§672B-7] Design claim conciliation panel hearing; fact-finding; evidence; voluntary settlement. (a) Every claim of a tort against a design professional shall be heard by the design claim conciliation panel within thirty days after the last date for filing a response. No persons …

[§672B-8] Design claim conciliation panel hearing; persons attending. Unless excluded or excused by the panel, the following persons shall attend hearings before the panel:

[§672B-9] Design claim conciliation panel hearing; decisions. (a) Within thirty days after the completion of a hearing, the design claim conciliation panel shall file a written advisory decision with the department and shall thereupon mail copies to all parties concerned, and the…

§672E-1 Definitions. The following terms, whenever used in this chapter, shall have the following meanings, unless a different meaning clearly appears in context: "Action" means any civil proceeding, including but not limited to arbitration, in which damages or other relief may b…

[§672E-10] Release. If the parties resolve the claim in whole or in part, the claimant shall be barred from bringing an action for the resolved claims. [L 2004, c 119, pt of §2]