PART II. 
MEDICAL CLAIM CONCILIATION



 



§671-11  Medical claim conciliation panels;
composition, selection, compensation.  (a)  There are established medical
claim conciliation panels which shall review and render findings and advisory
opinions on the issues of liability and damages in medical tort claims against
health care providers.



(b)  A medical claim conciliation panel shall
be formed for each claim filed pursuant to section 671-12 and after each panel
renders its decision or the claim is otherwise disposed of it shall be
disbanded.  Each medical claim conciliation panel shall consist of one
chairperson selected from among persons who are familiar with and experienced
in the personal injury claims settlement process, one attorney licensed to
practice in the courts of the State and experienced in trial practice, and one
physician, osteopathic physician, or surgeon licensed to practice under chapter
453.  The chairperson shall be appointed by the director of the department of
commerce and consumer affairs from a list of eligible persons approved by the
chief justice of the supreme court of Hawaii.  The attorney shall be appointed
by the chairperson from a list of not less than thirty-five attorneys
experienced in trial practice submitted annually by the supreme court.  The
physician, osteopathic physician, or surgeon shall be appointed by the
chairperson and shall be currently licensed and in good standing under chapter
453.



(c)  The chairperson shall preside at the
meetings of the panel.  The chairperson, all panel members, and any consultant
called by the panel to appear before the panel shall be compensated at the rate
of $300 per claim which will become payable when the decision of the panel is
submitted.  At the discretion of the director, the chairperson, panel members,
and any consultant called by the panel to appear before the panel, may be
compensated at one-half the amount of compensation specified in this section,
if the claim is disposed of by any means prior to the hearing by the panel. 
The chairperson, all panel members, and any consultant called by the panel to
appear before the panel also shall be paid allowances for travel and living
expenses which may be incurred as a result of the performance of their duties
on or for the panel.  These costs shall be paid by the department of commerce
and consumer affairs from the filing fees paid by the parties.



(d)  The claimant shall pay a filing fee of
$450 to the department upon the filing of the claim and the failure to do so
shall result in the claim being rejected for filing.  Each health care provider
and other parties to the claim shall pay a filing fee of $450 to the department
within twenty days of being served with the claim.  Each party to a claim shall
be assessed a non- refundable processing fee by the department in the amount of
$50.  The non-refundable processing fee shall be retained from each party's
filing fee, and shall be used to defray the administrative costs of the medical
claims conciliation panel program.



(e)  After the panel has made a final decision
on a claim, or after a final disposition of the claim has been made without a
hearing before the panel, the department shall return any moneys remaining
after all panel costs have been paid, to the respective parties on a pro rata basis.



(f)  The office and meeting space, secretarial
and clerical assistance, office equipment, and office supplies for the panel
shall be furnished by the department.  The chairperson may designate any
alternative meeting place or site for the hearing.



(g)  The Hawaii medical board shall prepare a
list of physicians, osteopathic physicians, surgeons, and podiatrists, as the
case may be, along with their respective specialties.  These physicians,
osteopathic physicians, and surgeons shall be eligible to serve as consultants
to the panel in their respective fields.  Panel members may consult with other
legal, medical, and insurance specialists. [L 1976, c 219, pt of §2; am L 1977,
c 167, §4; am L 1978, c 60, §1; am L Sp 1981 1st, c 21, §1; am L 1982, c 204, §8;
am L 1983, c 223, §4; am L 1987, c 283, §65; am L 1989, c 214, §2; am L 1991, c
75, §1; am L 1992, c 55, §4; am L 1995, c 213, §2; am L 2008, c 9, §3; am L
2009, c 11, §69]



 



Note



 



  The 2009 amendment is retroactive to April 3, 2008.  L 2009,
c 11, §76(2).