Report Title:
Acute Care Hospitals; Intermediate Care Hospitals
Description:
Sets fees that may be charged by acute care hospitals and intermediate care hospitals and authorizes penalties for noncompliance.
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THE SENATE |
S.B. NO. |
2939 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to health care facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 323D, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . ACUTE AND INTERMEDIATE CARE HOSPITALS
§323D-A Every health care facility that is commonly referred to as an acute care hospital or an intermediate care hospital shall charge its patients for goods and services an amount equal to the lowest amount that is charged by that facility for such goods and services to a patient who is not covered by medicare or medicaid.
§323D-B Annually, on the first business day of January, each health care facility that is commonly referred to as an acute care hospital or an intermediate care hospital shall disclose to the state agency and insurance division created by chapter 431, every contract or agreement that it has entered into with a chapter 431 insurance company or chapter 432 mutual benefit society that covers a patient, which sets forth as part of that contract or agreement, the fees and charges for goods and services provided by the health care facility, including agreements between a chapter 431 insurance company or a chapter 432 mutual benefit society and a participating provider or preferred provider of health care facility services. The state agency and the insurance division shall make every contract or agreement disclosed pursuant to this section available for public inspection and copying.
§323D-C The insurance division may utilize the discovery procedures set forth in the Hawaii rules of civil procedure to determine whether a health care facility has complied with section 323D-A, without the necessity of filing suit in the circuit courts of the State of Hawaii. The discovery procedures include the right to issue interrogatories to health care facilities, the right to request admissions from health care facilities, the right to request the production of documents, and the right to conduct depositions upon subpoenas or subpoenas duces tecum. The circuit court of the district in which any such health care facility is located shall issue any subpoenas that are allowed under this section. The discovery procedures authorized by this section may be directed to the health care facility or its directors, trustees, officers, and employees. The insurance division shall make all results of its discovery available for public inspection and copying.
§323D-D Any health care facility which violates section 323D-A shall be subject to suit or recovery of damages by the patient or any insurance company or mutual benefit society which covers or reimburses the patient for medical services received from the health care facility.
§323D-E The damages that may be awarded in a lawsuit brought pursuant to this part shall be three times the difference between the lowest charge made by the health care facility for such goods and services and the amount actually charged to the patient for the goods and services, plus prejudgment interest at the statutory rate from the day the overcharge was made until the day of actual payment of damages. In addition to the foregoing damages, if a health care facility is found to have violated section 323D-A, the health care facility shall be liable for all litigation costs, including reasonable attorney’s fees, incurred by the plaintiff."
SECTION 2. In codifying new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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