SB2086

PART I

SECTION 1. The legislature finds that patients in the State, particularly the most vulnerable residents, deserve strong protections and accountability in health care. At present, the State lacks a uniform reporting system that ensures timely notification of complaints and claims against health care professionals to licensing boards and regulators. Without consistent reporting, oversight agencies are limited in their ability to act swiftly to safeguard the public.

The legislature further finds that extending the statute of limitations and tolling conditions for medical torts and raising the cap on damages for pain and suffering in medical tort actions provides patients with fairer access to health care services and better reflects the serious impact of medical injuries.

The legislature notes that other jurisdictions, including the District of Columbia, Maine, Massachusetts, and Nevada, have enacted statutory protections that strengthen patient safety and health care provider accountability. By adopting similar reforms, the State will bring its laws in line with these states and reaffirm its commitment to safeguarding residents through greater transparency, oversight, and fairness in medical tort actions.

Therefore, the purpose of this Act is to protect patients and improve accountability by:

(1) Requiring prompt reporting of legal and administrative complaints and claims against a health care professional to their respective licensing board, the department of commerce and consumer affairs, and the insurance commissioner;

(2) Extending the time frame by which a medical tort action can be brought;

(3) Establishing additional tolling conditions; and

(4) Increasing the cap on damages recoverable for pain and suffering in medical tort actions.

PART II

SECTION 2. Chapter 451D, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§451D- Notice of legal action or administrative complaint pending against a health care professional; health care professional and court obligation. (a) Within thirty days of a health care professional's receipt of a complaint, claim, or action for damages filed in a court or an administrative complaint filed with a state or federal agency against the health care professional for actions related to the health care professional's license, the health care professional shall provide written notice of the filing to the respective licensing board and provide a copy of the complaint, claim, or action. Failure to comply shall subject the health care professional to the penalties established pursuant to section 436B-16(b).

(b) Within thirty days of the filing of a complaint, claim, or action for damages against a health care professional for actions related to the health care professional's license, the clerk of the court or administrator of the agency that received the filing shall send to the respective board a copy of the complaint, claim, or action.

§451D- Licensing authority review of legal action or complaint filed against a health care professional. Upon receipt of notice of legal action or complaint filed against a health care professional for violations of the license, the respective licensing board shall review the information and make further inquiry as needed."

SECTION 3. Section 453-8.7, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) Every physician or osteopathic physician licensed pursuant to this chapter who does not possess professional liability insurance shall report any complaint, claim, or action for damages filed in a court, or an administrative complaint filed with a state or federal agency against the physician for actions related to the physician's license, or settlement or arbitration award of a claim or action for damages for death or personal injury caused by negligence, error, or omission in practice, or the unauthorized rendering of professional services. The report shall be submitted to the department of commerce and consumer affairs within thirty days after the licensee's receipt of written notice of any complaint, claim, or action for damages, or within thirty days after any written settlement agreement has been reduced to writing and signed by all the parties thereto or thirty days after service of the arbitration award on the parties."

2. By amending subsection (c) to read:

"(c) The clerks of the respective courts of this State shall report to the department any complaint, claim, or action for damages for any death or personal injury caused by the physician's or osteopathic physician's professional negligence, error, or omission in the practice of the physician's or osteopathic physician's profession, or rendering of unauthorized professional services, or judgment or other determination of the court, which adjudges or finds that a physician or osteopathic physician is liable criminally or civilly for any death or personal injury caused by the physician's or osteopathic physician's professional negligence, error, or omission in the practice of the physician's or osteopathic physician's profession, or rendering of unauthorized professional services. The report shall be submitted to the department within ten days after the complaint, claim, or action for damages is filed with the court or the judgment is entered by the court."

SECTION 4. Section 463E-6.5, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) Every podiatrist licensed pursuant to this chapter who does not possess professional liability insurance shall report any complaint, claim, or action for damages filed in a court, or an administrative complaint filed with a state or federal agency against the podiatrist for actions related to the podiatrist's license, or settlement or arbitration award of a claim or action for damages for death or personal injury caused by negligence, error, or omission in practice, or the unauthorized rendering of professional services. The report shall be submitted to the department of commerce and consumer affairs within thirty days after the licensee's receipt of written notice of any complaint, claim, or action for damages, or within thirty days after any written settlement agreement has been reduced to writing and signed by all the parties thereto, or thirty days after service of the arbitration award on the parties."

2. By amending subsection (c) to read:

"(c) The clerks of the respective courts of this State shall report to the department any complaint, claim, or action for damages for any death or personal injury caused by the podiatrist's professional negligence, error, or omission in the practice of the podiatrist's profession, or rendering of unauthorized professional services, or judgment or other determination of the court which adjudges or finds that a podiatrist is liable criminally or civilly for any death or personal injury caused by the podiatrist's professional negligence, error, or omission in the practice of the podiatrist's profession, or rendering of unauthorized professional services. The report shall be submitted to the department within ten days after the complaint, claim, or action for damage is filed with the court or the judgment is entered by the court."

SECTION 5. Section 671-5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(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 filed with the court or settled, arbitrated, or adjudicated to final judgment within ten working days following [~~such~~] the 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 claim is made, 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 a claim, 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."

PART III

SECTION 6. Section 657-7.3, Hawaii Revised Statutes, is amended to read as follows:

"§657-7.3 Medical torts; limitation of actions; time[.]; tolling. [[](a)[]] No action for injury or death against a [chiropractor, clinical laboratory technologist or technician, dentist, naturopathic physician, nurse, nursing home administrator, dispensing optician, optometrist, osteopath, physician or surgeon, physical therapist, podiatrist, psychologist, or veterinarian duly licensed or registered under the laws of the State, or a licensed hospital as the employer of any such person,] health care provider based upon [~~such person's~~] the health care provider's alleged professional negligence, or for rendering professional services without consent, or for error or omission in [~~such person's~~] the health care provider's practice, shall be brought more than [~~two~~] three years after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, but in any event not more than [~~six~~] ten years after the date of the alleged act or omission causing the injury or death[~~. This six-year time limitation~~]; provided that these time limitations shall be tolled [~~for any period during which the person has failed to disclose any act, error, or omission upon which the action is based and which is known to the person.~~

[(b)] Actions by a minor shall be commenced within six years from the date of the alleged wrongful act except the actions by a minor under the age of ten years shall be commenced within six years or by the minor's tenth birthday, whichever provides a longer period. Such time limitation shall be tolled for any minor for any period during which the parent, guardian, insurer, or health care provider has committed fraud or gross negligence, or has been a party to a collusion in the failure to bring action on behalf of the injured minor for a medical tort. The time limitation shall also be tolled for any period during which the minor's injury or illness alleged to have arisen, in whole or in part, from the alleged wrongful act or omission could not have been discovered through the use of reasonable diligence.]:

(1) For any period during which the health care provider has failed to disclose or has made a misrepresentation regarding any act, error, or omission upon which the action is based and which is known to the health care provider;

(2) For actions by a minor based on an injury to the minor:

(A) Until the minor's eighteen birthday;

(B) Any period during which the parent, guardian, insurer, or health care provider has committed fraud or gross negligence, or has been a party to a collusion in the failure to bring action on behalf of the injured minor for a medical tort; and

(C) Any period during which the minor's injury or illness alleged to have arisen, in whole or in part, from the alleged wrongful act or omission could not have been discovered through the use of reasonable diligence;

(3) For actions by an adult under legal disability based on an injury to the adult, until the day the legal disability is removed;

(4) Where there is continuous treatment for the same injury, illness, or condition that gave rise to the act or omission upon which the action is based, until the day of the last treatment; and

(5) For actions based on the discovery of a foreign object in the body of a patient, until the plaintiff discovers, or through the use of reasonable diligence should have discovered, the presence of the foreign object.

For any action to which more than one of these conditions apply, the tolling periods may be applied concurrently or consecutively as the court deems appropriate, but in no event shall the aggregate tolling period exceed years.

(b) For the purposes of this section, "health care provider" means a chiropractor, clinical laboratory technologist or technician, dentist, naturopathic physician, nurse, nursing home administrator, dispensing optician, optometrist, osteopath, physician or surgeon, physical therapist, podiatrist, psychologist, or veterinarian duly licensed or registered under the laws of the State, or a licensed hospital as the employer of any of these persons."

SECTION 7. Section 663-8.7, Hawaii Revised Statutes, is amended to read as follows:

"[[]§663-8.7[]] Limitation on pain and suffering. (a) Damages recoverable for pain and suffering as defined in section 663-8.5 shall be limited to a maximum award of:

(1) $500,000 in a medical tort action; provided that this limitation shall not apply to damages resulting from a health care provider's act or omission that constitutes gross negligence or intentional misconduct; or

(2) $375,000[;] in all other tort actions, provided further that [~~this limitation~~] these limitations shall not apply to tort actions enumerated in section 663‑10.9(2).

(b) For the purposes of this section:

"Health care provider" has the same meaning as defined in section 657‑7.3.

"Medical tort" has the same meaning as defined in section 671-1."

PART IV

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2086
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII