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HI SB658

Bill

Status

Introduced

1/21/2011

Primary Sponsor

Brian Taniguchi

Click for details

Origin

Senate

2011 Regular Session

AI Summary

  • Amends Section 432E-6, Hawaii Revised Statutes, to change how attorneys' fees are awarded in external review proceedings for managed care plan decisions.

  • Shifts attorneys' fees responsibility from managed care plans to the non-prevailing party, requiring the losing party to pay the prevailing party's reasonable attorneys' fees as determined by the commissioner.

  • Caps attorneys' fees at 25% of the award amount, or the lower percentage specified in any written contract between the enrollee and their attorney.

  • Prohibits attorneys' fees awards to enrollees unless they signed a written fee agreement before or when requesting external review, and prohibits fee stacking from prior external reviews.

  • Takes effect upon approval and is intended to reduce frivolous external review cases while ensuring equitable treatment for managed care plans including QUEST plans.

Legislative Description

Managed Care Plans; External Review Process; Attorneys' Fees

Last Action

(S) The committee on CPN deferred the measure.

2/25/2011

Committee Referrals

Commerce and Consumer Protection1/24/2011

Full Bill Text

No bill text available