Patient Rights and Responsibilities Task Force

Corporate body

Patient Rights and Responsibilities Task Force

1998-2006

The Patient Rights and Responsibilities Task Force was created by Act 178 of the Hawaii State Legislature, 1998 to review legislation that “provided protection of patient rights and responsibilities in regards to health care, especially managed care” (Act 178, 1998, § 5). The Task Force was convened and chaired by the Insurance Commissioner. The Task Force was comprised of 12-20 members from the specific organizations including: the Department of Health; the Department of Labor and Industrial Relations; the Hawaii Medical Association; the Hawaii Coalition for Health; the American Association of Retired Persons; the Hawaii Business Health Council; the Legal Aid Society of Hawaii; a health insurance company providing accident and sickness policies under Article 10A of Chapter 431, Hawaii Revised Statues; a health maintenance organization holding a certificate of authority under Chapter 432D, Hawaii Revised Statues; a mutual benefit society providing health insurance under Chapter 432, Hawaii Revised Statues, an organization representing nurses; and a hospital or organization representing hospitals. The Task Force submitted its findings as reports to the Legislature in both 1999 and 2000.

The Task Force’s last meeting was scheduled for January of 2006. No records exist for that meeting or any later meetings. The Task Force was designed to be terminated by the Insurance Commissioner upon the completion of its tasks set forth by Act 178 of the Hawaii Legislature, 1998.

The Task Force consisted of eight subcommittees that dealt with a particular aspect of the Task Force’s mission.

1. The Quality of Care & Performance Measurement Subcommittee mainly discussed and recommended to the Task Force by conducting a Consumer Assessment of Health Plans Survey (CAHPS). It also recommended measurement tools for all managed care in Hawaii.
2. The Access to Services Subcommittee was created to examine how to “make benefits available and accessible to each enrollee electing managed care” (Act 178, 1998). This subcommittee focused on how laws affected patients’ access to care, specifically the meaning of access. The subcommittee also examined Act 246; S.L.H. 1998 dealing with emergency medical services, and recommended that it be amended. They also examined access to medical care in rural areas.
3. The Article 2 & Article 13 Subcommittee focused on making certain that consumer rights were protected. They examined Article 2 of the Hawaii Revised Statues Chapter 431 titled, “Administration of Insurance Laws,” and also Article 13 of the HRS titled “Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance.”
4. The Disclosure & Enrollee Information Subcommittee developed administrative rules in regards to informed consent, individual consent, and confidentiality of patients’ records. They examined enrollee participation in treatment decisions, information access to enrollees, and confidentiality of records as enacted by Act 178, 1998.
5. The Grievance and External Review Process Subcommittee was created to examine the means by which patients would be able to contest their treatment from their health plans. They also examined the internal review processes of health plans operating in Hawaii.
6. The Credentialing of Physicians Subcommittee was created to address uniform credentialing of physicians.
7. The Medical Necessity Subcommittee was formed by Senate Concurrent Resolution No. 152, S.D. 1, 1999 requiring the Patient Rights & Responsibilities Task Force to study the issues relating to the term “Medical Necessity” and to determine the most appropriate definition, or to develop new terms to better resolve issues examined. The subcommittee focused on what was or should be a medically necessary service, who determines or should have the power to decide which services are medically necessary, who is or should be held accountable when a question arises about the medical necessity of a service, and what evidence is required to determine a service as a medical necessity.
8. The Public Education Subcommittee was created to make the public aware of their rights as patients. It created bus placards, brochures, and a website to reach the public.

Act 178, 1998.

The Task Force consisted of eight subcommittees that dealt with a particular aspect of the Task Force’s mission.

Health Insurance Branch (1999)

Hawaiʻi State Archives

Created on 2009-01, W. Ross
Revised on 2009-05

• English

2009-01, W. Ross: Created
2009-05: Revised
2020-10-01, Joel Horowitz: Entered into AToM