§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 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]



 



Note



 



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