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HI SB658
Bill
Status
1/21/2011
Primary Sponsor
Brian Taniguchi
Click for details
AI Summary
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Amends Section 432E-6, Hawaii Revised Statutes, to change how attorneys' fees are awarded in external review proceedings for managed care plan decisions.
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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.
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Caps attorneys' fees at 25% of the award amount, or the lower percentage specified in any written contract between the enrollee and their attorney.
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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.
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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