R 323
97-S 837A
Passed in Senate
May 22, 1997


S E N A T E   R E S O L U T I O N

CREATING A SPECIAL SENATE COMMISSION TO STUDY HMO'S LEGAL LIABILITY IN CASES OF INADEQUATE MEDICAL CARE

RESOLVED, That a special senate commission be and the same is hereby created consisting of seven (7) members: three (3) of whom shall be from the senate, not more than two (2) from the same political party, to be appointed by the majority leader: one (1) of whom shall be the director of the department of health, or designee; one (1) of whom shall be a representative of an HMO, to be appointed by the senate majority leader; one (1) of whom shall be a representative of the legal profession specializing in medical malpractice, to be appointed by the senate majority leader; and one (1) of whom shall be a member of the general public who belongs to an HMO, to be appointed by the senate majority leader.

In lieu of any appointment of a member of the legislature to a permanent advisory commission, a legislative study commission, or any commission created by a general assembly resolution, the appointing authority may appoint a member of the general public to serve in lieu of a legislator, provided that the majority leader or the minority leader of the political party which is entitled to the appointment consents to the appointment of the member of the general public.

The purpose of said commission shall be to study HMO's, specifically their legal liability, including exposure to punitive damages, when their policies directly result in inadequate medical care.

Forthwith upon passage of this resolution, the member of the commission shall meet at the call of the senate majority leader and organize and shall select form among the legislators a chairperson. Vacancies in said commission shall be filled in like manner as the original appointment.

The membership of said commission shall receive no compensation for their services.

All departments and agencies of the state shall furnish such advice and information, documentary and otherwise, to said commission and its agents as is deemed necessary or desirable by the commission to facilitate the purposes of this resolution.

The joint committee on legislative services is hereby authorized and directed to provide suitable quarters for said commission; and be it further

RESOLVED< That the commission shall report its findings and recommendations to the senate on or before February 6, 1998 and said commission shall expire on April 6, 1998.


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