§671-5 Reporting and reviewing medical tort claims.

468 words·~2 min read·/hi/chapter-671/671-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 claim, known to the self-insured health care provider or insurer, that has been settled, arbitrated, or adjudicated to final judgment within ten working days following such disposition:

(1)The name and last known business and residential addresses of each plaintiff and claimant, whether or not each recovered anything;

(2)The name and last known business and residential addresses of each health care provider who was claimed or alleged to have committed a medical tort, whether or not each was a named defendant and whether or not any recovery was had against each;

(3)The name of the court in which any medical tort action, or any part thereof, was filed and the docket number;

(4)A brief description or summary of the facts upon which each claim was based, including the date of occurrence;

(5)The name and last known business and residential addresses of each attorney for any party to the settlement, arbitration, or adjudication, and identification of the party represented by each attorney;

(6)Funds expended for defense and plaintiff costs;

(7)The date and amount of settlement, arbitration award, or judgment in any matter subject to this subsection; and

(8)Actual dollar amount of award received by the injured party.

(b)The insurance commissioner shall forward the name of every health care provider, except a hospital and physician or an osteopathic physician or surgeon licensed under chapter 453 or a podiatrist licensed under chapter 463E, against whom a settlement is made, an arbitration award is made, or judgment is rendered to the appropriate board of professional registration and examination for review of the fitness of the health care provider to practice the health care provider's profession. The insurance commissioner shall forward the entire report under subsection

(a)to the department of commerce and consumer affairs if the person against whom settlement or arbitration award is made or judgment rendered is a physician or osteopathic physician or surgeon licensed under chapter 453 or a podiatrist licensed under chapter 463E.

(c)A failure on the part of any self-insured health care provider to report as requested by this section shall be grounds for disciplinary action by the Hawaii medical board or the state health planning agency, as applicable. A violation by an insurer shall be grounds for suspension of its certificate of authority. [L 1976, c 219, pt of §2; am L 1983, c 223, §3; am L 1984, c 168, §17; am L 1985, c 197, §22; gen ch 1985; am L 1992, c 55, §3; am L 2008, c 9, §3; am L 2009, c 11, §68]