Note

Part heading amended by L 2012, c 296, pt of §4.

§671-11 Medical inquiry and conciliation panels; composition, selection, compensation. (a) There are established medical inquiry and conciliation panels which shall facilitate the resolution of inquiries regarding the rendering of professional services by health care providers that involve injury, death, or other damages to a patient.

(b) A medical inquiry and conciliation panel shall be formed for each inquiry filed pursuant to section 671-12 and shall be disbanded after an inquiry is resolved, a notice of termination is filed, or a suit based on the circumstances of the injury is filed in a court of competent jurisdiction. Each medical inquiry and conciliation panel shall consist of one chairperson who shall be an attorney licensed to practice in the courts of the State and experienced in trial practice and the personal injury claims settlement process and one physician, osteopathic physician, or surgeon licensed to practice under chapter 453. The chairperson shall be appointed by the director of commerce and consumer affairs from a list of eligible persons approved by the chief justice of the supreme court of Hawaii. The physician, osteopathic physician, or surgeon shall be appointed by the chairperson and shall be licensed and in good standing under chapter 453.

(c) The chairperson shall preside at the meetings of the panel. The chairperson, second panel member, and any consultant called by the panel to appear before the panel shall be compensated at the rate of $450 per inquiry which will become payable at the conclusion of panel proceedings. At the discretion of the director, the chairperson, second panel member, 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 inquiry is disposed of by any means prior to a meeting of the panel and the parties or their legal representatives. The chairperson, second panel member, 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 party initiating an inquiry shall pay a filing fee of $450 to the department upon the filing of the inquiry, and the failure to do so shall result in the inquiry being rejected for filing. Each health care provider and other parties to the inquiry shall pay a filing fee of $450 to the department within twenty days of being served with the inquiry. Each party to an inquiry 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 inquiry and conciliation panel program.

(e) After the panel has filed a notice of termination, or after a final disposition of the inquiry has been made without proceedings 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 proceedings.

(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, surgeons, and podiatrists shall be eligible to serve as consultants to the medical inquiry and conciliation 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; am L 2012, c 296, pt of §4]