RELATING TO CLAIMS AGAINST HEALTH CARE PROVIDERS.

SB2086

THE SENATE

S.B. NO.

2086

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to claims against health care providers
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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, "h
ealth
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:

_____________________________

Report Title:

Health Care
Professionals; Health Care Providers; License; Legal and Administrative Claims;
Reporting Requirements; Courts; State Agencies; Professional Liability
Insurers; Insurance Commissioner; Licensing Boards; Medical Torts; Statute of Limitation;
Statute of Repose; Tolling; Pain and Suffering Damages; Award Limit

Description:

Part II - Requires
health care professionals, and courts and agencies in receipt of the filing, to
report to the respective licensing board any legal or administrative complaint,
claim, or action for damages filed against the health care professional within
thirty days of receipt of the filing.
�

Requires review by the licensing boards.
�

Requires filings against physicians, osteopathic physicians, or
podiatrists to be reported to the Department of Commerce and Consumer Affairs.
�
Requires self‑insured health care
providers and professional liability insurers for health care providers to
report to the Insurance Commissioner any medical tort claims filed with the
court and requires the Insurance Commissioner to forward certain information to
the appropriate professional board or the Department of Commerce and Consumer Affairs.
�
Part III �
Extends the
time frame by which a medical tort action can
be brought and establishes additional tolling conditions.
�
Increases the cap on
damages
recoverable for pain and suffering
in
medical tort actions.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.