HRS §671-15.5
Clearing records and stopping insurance rate hikes
A health care provider can ask the panel to erase all records of a case if the panel finds the complaint had no real basis. Also, an insurance company cannot raise a provider's malpractice insurance premium just because a complaint was filed, unless money is paid or a lawsuit is started.
The statute, as written — Expungement of records; malpractice insurance rates
(a) A health care provider may apply to the panel for expungement of all records of the related proceedings. The panel shall expunge all records if the panel agrees that the inquiry did not provide a sufficient basis to support the finding of a medical tort against the health care provider applying for expungement. (b) No insurer providing professional liability insurance for a health care provider shall increase any premium rate for the health care provider on the basis of the filing of an inquiry involving the health care provider with the medical inquiry and conciliation panel unless an indemnity payment is made to the party initiating the inquiry or the party initiating the inquiry institutes litigation in a court of competent jurisdiction based on the circumstances of the inquiry.
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