reglab/housing_qa huggingface dataset:
HI Rev Stat § 671-18 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671. Medical Torts|671-18 Statute of limitations tolled.

  §671-18 Statute of limitations tolled. The filing of the inquiry with the medical inquiry and conciliation panel or with an approved or agreed upon alternative dispute resolution provider shall toll any applicable statute of limitations, and the statute of limitations shall remain tolled until sixty days after the termination of the panel or the notification of completion from the approved or agreed upon alternative dispute resolution provider is mailed or delivered to the parties. If panel proceedings are not completed within twelve months, or the alternative dispute resolution process is not completed within twelve months, the statute of limitations shall resume running and the party filing the inquiry may commence a suit based on the circumstances related to the inquiry in any appropriate court of this State. The panel or the approved or agreed upon alternative dispute resolution provider shall notify all parties in writing of this provision. [L 1976, c 219, pt of §2; am L 1980, c 88, §2; am L 2003, c 211, §4; am L 2012, c 296, pt of §4]
HI Rev Stat § 671-19 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671. Medical Torts|671-19 Duty to cooperate; assessment of costs and fees.

  §671-19 Duty to cooperate; assessment of costs and fees. [(a)] It shall be the duty of every person who files an inquiry with the medical inquiry and conciliation panel, every health care provider against whom the inquiry is made, and every insurance carrier or other person providing medical tort liability insurance for the health care provider, to cooperate with the medical inquiry and conciliation panel and meaningfully participate in panel proceedings for the purpose of achieving a prompt, fair, and just resolution, disposition, or settlement of the inquiry, provided that cooperation and participation shall not prejudice the substantive rights of those persons.  [(b)] Any party may apply to the panel to have the costs of the action assessed against any party for failure to cooperate with the panel or meaningfully participate in panel proceedings. The panel may award costs, or a portion thereof, including attorney's fees, witness fees including those of expert witnesses, filing fees, and costs of the medical inquiry and conciliation panel proceedings to the party applying therefor.  [(c)] In determining whether any person has failed to cooperate or meaningfully participate in good faith, the panel shall consider, but is not limited to, the following:  (1) The attendance of the persons at proceedings of the medical inquiry and conciliation panel;  (2) The extent to which representatives of parties and counsel representing parties came to panel proceedings with knowledge of the claims and defenses and authority to negotiate a settlement or other disposition of the matter;  (3) The testimony of members of the panel as to the facts of the person's participation in the panel proceeding;  (4) The extent of the person's cooperation in providing the panel with documents and testimony called for by the panel;  (5) The reasons advanced by the person so charged for not fully cooperating, participating, or negotiating; and  (6) The failure of the person to submit any required fees to the department of commerce and consumer affairs, as required by this chapter.  [(d)] The party against whom costs are awarded may appeal the award to the circuit court. The court may affirm or remand the case with instructions for further proceedings; or it may reverse or modify the award if the substantial rights of the petitioners may have been prejudiced because the award is characterized as abuse of discretion. [L 1976, c 219, pt of §2; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1993, c 95, §1; am L 1995, c 213, §3; am L 2012, c 296, pt of §4]
HI Rev Stat § 671-20 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671. Medical Torts|671-20 Annual report.

  §671-20 Annual report. The director of commerce and consumer affairs shall prepare and submit to the legislature annually, twenty days prior to the convening of each regular session, a report containing the director's evaluation of the operation and effects of this chapter. The report shall include a summary of the inquiries brought before the medical inquiry and conciliation panel and the disposition of those inquiries, a description and summary of the work of the panel under this chapter, an appraisal of the effectiveness of this chapter in securing prompt and fair disposition of inquiries regarding the rendering of professional services by health care providers that involved injury, death, or other damages to a patient, a review of the number and outcomes of inquiries brought under section 671-12, and recommendations for changes, modifications, or repeal of this chapter or parts thereof with accompanying reasons and data. [L 1976, c 219, pt of §2; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985; am L 2012, c 296, pt of §4]
HI Rev Stat § 671D-1 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671D. Health Care Peer Review|671D-1 Short title.

  §671D-1 Short title. This chapter may be cited as the Hawaii Health Care Quality Improvement Act of 1989. [L 1989, c 354, pt of §3 and c 363, pt of §3]
HI Rev Stat § 671D-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671D. Health Care Peer Review|671D-2 Purpose.

  §671D-2 Purpose. The purpose of this chapter is to provide incentives and protection for physicians engaging in effective professional peer review. [L 1989, c 354, pt of §3 and c 363, pt of §3]
HI Rev Stat § 671D-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671D. Health Care Peer Review|671D-3 Findings.

  §671D-3 Findings. The legislature finds the following:  (1) There is an overriding need to provide incentive and protection for physicians engaging in effective professional peer review;  (2) The occurrence of medical malpractice actions has become a problem in Hawaii which can be addressed in part by promoting more effective peer review; and  (3) The threat of private money damage liability under state laws unreasonably discourages physicians from participating in effective professional peer review. [L 1989, c 354, pt of §3 and c 363, pt of §3]
HI Rev Stat § 671D-10 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671D. Health Care Peer Review|671D-10 Limitation of damages for professional review actions.

  §671D-10 Limitation of damages for professional review actions. (a) If a professional review action of a professional review body meets all the standards specified in section 671D-11(a) except as provided in section 671D-11(b):  (1) The professional review body;  (2) Any person acting as a member or staff to the body;  (3) Any person under a contract or other formal agreement with the body; and  (4) Any person who participates with or assists the body with respect to the action; shall not be liable in damages under any law of the State with respect to the action except laws relating to the civil rights of any person or persons, including chapter 378, part I. Nothing in this subsection shall prevent the State from bringing an action, including an antitrust action under chapter 480, where such an action is otherwise authorized.  (b) Notwithstanding any other provision of law to the contrary, no person, whether as a witness or otherwise, providing information to a professional review body regarding the competence or professional conduct of a physician shall be held, by reason of having provided such information, to be liable in damages under any law of the State unless such information is false and the person providing it knew that such information was false. [L 1989, c 354, pt of §3 and c 363, pt of §3]
HI Rev Stat § 671D-12 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671D. Health Care Peer Review|671D-12 Attorney's fees.

  §671D-12 Attorney's fees. (a) In any suit brought against a defendant, to the extent that a defendant has met the standards set forth under section 671D-11(a) and the defendant substantially prevails, the court, at the conclusion of the action, shall award to a substantially prevailing party defending against any such claim the cost of the suit attributable to such claim, including a reasonable attorney's fee, if the claim, or the claimant's conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith.  (b) For the purposes of this section, a defendant shall not be considered to have substantially prevailed when the plaintiff obtains an award for damages, or permanent injunctive or declaratory relief. [L 1989, c 354, pt of §3 and c 363, pt of §3] Cross References  Vexatious litigants, see chapter 634J.
HI Rev Stat § 671D-13 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671D. Health Care Peer Review|671D-13 Guidelines of the director.

  §671D-13 Guidelines of the director. The director, in consultation with the director of the department of health, may adopt pursuant to chapter 91, such rules and voluntary guidelines as may assist the professional review bodies in meeting the standards described in section 671D-11(a). [L 1989, c 354, pt of §3 and c 363, pt of §3]
HI Rev Stat § 671D-14 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671D. Health Care Peer Review|671D-14 Construction.

  §671D-14 Construction. (a) Except as specifically provided in this part, nothing in this part shall be construed as changing the liabilities or immunities under law.  (b) Nothing in this part shall be construed as requiring health care entities to provide clinical privileges to any or all classes or types of physicians or other licensed health care practitioners.  (c) Nothing in this part shall be construed as affecting or modifying any provision of state law with respect to activities of professional review bodies regarding nurses, other licensed health care practitioners, or other health professionals who are not physicians.  (d) Nothing in this chapter shall be construed as affecting in any manner the rights and remedies afforded patients under any provision of state law to seek redress for any harm or injury suffered as a result of negligent treatment or care by any physician, health care practitioner, or health care entity, or as limiting any defenses or immunities available to any physician, health care practitioner, or health care entity. [L 1989, c 354, pt of §3 and c 363, pt of §3]
HI Rev Stat § 672B-1 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672B. Design Claim Conciliation Panel|672B-1 Definitions.

  §672B-1 Definitions.  As used in this chapter:  "Department" means the department of commerce and consumer affairs.  "Design professional" means a professional engineer, architect, surveyor, or landscape architect licensed under chapter 464.  "Director" means the director of commerce and consumer affairs. [L 2007, c 207, pt of §2]
HI Rev Stat § 672B-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672B. Design Claim Conciliation Panel|672B-2 Administration of chapter.

  §672B-2 Administration of chapter. The director shall be responsible for the implementation and administration of this chapter and shall adopt rules, in conformity with chapter 91, necessary for the purposes of this chapter. [L 2007, c 207, pt of §2]
HI Rev Stat § 672B-4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672B. Design Claim Conciliation Panel|672B-4 Waiver of filing fee.

  §672B-4 Waiver of filing fee. (a) If any party to a claim cannot pay the required filing fee, the party may file with the director a motion to waive the filing fee. The motion to waive the filing fee shall be accompanied by an affidavit in a format prescribed by the department, showing in detail:  (1) The party's inability to pay the filing fee;  (2) The party's belief that the party is entitled to redress; and  (3) A statement of the issues that the party intends to present at the hearing before a design claim conciliation panel.  (b) The director shall decide on the motion to waive the filing fee as expeditiously as possible, and no oral arguments shall be permitted.  (c) If the director grants the motion to waive the filing fee, the party may proceed without further application to the director or panel, and without payment of the filing fee. If the motion is denied, the director shall state the reasons for the denial in writing. The director shall promptly provide the party with a filed copy of the director's order granting or denying the motion.  (d) If a motion to waive the filing fee is denied by the director, the party may seek judicial review under section 91-14.  (e) If the director denies a party's motion to waive the filing fee, the party shall pay the filing fee within thirty days after the denial of the motion, unless the party has filed an appeal under section 91-14. If the party has filed an appeal under section 91-14, the party may proceed without payment of the filing fee, until such time as a final judicial determination is rendered.  (f) If the party files an appeal under section 91-14, and the court upholds the director's denial of the aggrieved party's motion to waive the filing fee, the party shall pay the filing fee within thirty days after the court's affirmation of the denial. If the court determines that the party's motion for waiver of the filing fee was improperly denied, the party shall be entitled to proceed without payment of the filing fee. [L 2007, c 207, pt of §2]
HI Rev Stat § 672B-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672B. Design Claim Conciliation Panel|672B-5 Review by panel required; notice; presentation of claims; request for a more definite statement of the claim.

  §672B-5 Review by panel required; notice; presentation of claims; request for a more definite statement of the claim. (a) Effective January 1, 2008, any person or the person's representative claiming that a tort has been committed by a design professional shall submit a statement of the claim to the design claim conciliation panel before a suit based on the claim may be commenced in any court of this State. Claims shall be submitted to the design claim conciliation panel in writing. The claimant shall set forth facts upon which the claim is based and shall include the names of all parties against whom the claim is or may be made who are then known to the claimant.  (b) Within five business days thereafter the panel shall give notice of the claim and the statement of the claim, by certified mail, to all design professionals and others who are or may be parties to the claim and shall furnish copies of written claims to these persons. The notice shall set forth a date, not more than twenty days after mailing the notice, within which any design professional against whom a claim is made shall file a written response to the claim, and a date and time, not less than fourteen days following the last date for filing a response, for a hearing of the panel. The notice shall describe the nature and purpose of the panel's proceedings and shall designate the place of the meeting. The times originally set forth in the notice may be enlarged by the chairperson, on due notice to all parties, for good cause.  (c) If the statement of the claim in the notice is so vague or ambiguous that any party receiving notice of the claim cannot reasonably be required to frame a written response, the party may submit a written request to the chairperson for a more definite statement before filing the written response. Copies of the request shall be provided to the panel, the claimant, and other affected parties. The request, which shall be ex parte and stay the proceedings of the panel until notice of the chairperson €™s decision is given to the panel and all parties, shall specify the defects complained of and the details desired. The chairperson may deny, grant, or modify the request at the chairperson €™s own discretion, without the necessity of a hearing, although the chairperson may reach a decision after consulting with the panel or the claimant. The chairperson shall provide notice of the decision to the panel, the claimant, and other affected parties. If the request is granted and the claimant fails to provide a more definite statement of the claim within five days after notice of the decision, the panel may make an order as it deems just. This subsection shall not be used as a tactic to delay the proceedings. [L 2007, c 207, pt of §2]
HI Rev Stat § 672B-8 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672B. Design Claim Conciliation Panel|672B-8 Design claim conciliation panel hearing; persons attending.

  §672B-8 Design claim conciliation panel hearing; persons attending. Unless excluded or excused by the panel, the following persons shall attend hearings before the panel:  (1) The party or parties making the claim;  (2) The design professional against whom the claim is made or representatives thereof, other than counsel, authorized to act for the design professional; or  (3) Counsel for the parties, if any. [L 2007, c 207, pt of §2] Revision Note  In paragraph (2), the semicolon after "thereof" changed to a comma pursuant to §23G-15.
HI Rev Stat § 672B-9 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672B. Design Claim Conciliation Panel|672B-9 Design claim conciliation panel hearing; decisions.

  §672B-9 Design claim conciliation panel hearing; decisions. (a) Within thirty days after the completion of a hearing, the design claim conciliation panel shall file a written advisory decision with the department and shall thereupon mail copies to all parties concerned, and their counsel. The panel shall decide the issue of liability and shall state its conclusions in writing.   (b) After a finding of liability, the design claim conciliation panel shall decide the amount of damages, if any, which should be awarded in the case. The decision as to damages shall include in simple, concise terms a division as to which portion of the damages recommended are attributable to the design professional, economic losses and noneconomic losses; provided the panel may not recommend punitive damages.  (c) The decision shall be signed by all members of the design claim conciliation panel; provided that any member of the panel may file a written concurring or dissenting opinion.  (d) The advisory decision required by this section need not be filed if the claim is settled or otherwise disposed of before the decision is written or filed. [L 2007, c 207, pt of §2]
HI Rev Stat § 672B-10 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672B. Design Claim Conciliation Panel|672B-10 Expungement of records; liability insurance rates.

  §672B-10 Expungement of records; liability insurance rates. (a) Upon a decision by the design claim conciliation panel finding for the design professional pursuant to section 672B-9(a), the design professional may apply to the panel for expungement of all records of the related proceedings. The panel shall expunge all records if a majority of the panel finds that the complaint is fraudulent or frivolous.  (b) No insurer providing professional liability insurance for a design professional shall increase any premium rate for the design professional on the basis of the filing of a tort claim against the design professional that is determined by the design claim conciliation panel to be fraudulent or frivolous. [L 2007, c 207, pt of §2]
HI Rev Stat § 672B-11 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672B. Design Claim Conciliation Panel|672B-11 Subsequent litigation; excluded evidence.

  §672B-11 Subsequent litigation; excluded evidence. [(a)] The claimant may institute litigation based upon the claim in an appropriate court only after a party to a design claim conciliation panel hearing rejects the decision of the panel, or after the twelve-month period under section 672B-15 has expired.  [(b)] No statement made in the course of the hearing of the design claim conciliation panel shall be admissible in evidence either as an admission, to impeach the credibility of a witness, or for any other purpose in any trial of the action; provided that the statements may be admissible for the purpose of section 672B-16. No decision, conclusion, finding, or recommendation of the design claim conciliation panel on the issue of liability or on the issue of damages shall be admitted into evidence in any subsequent trial, nor shall any party to the design claim conciliation panel hearing, or the counsel or other representative of the party, refer or comment thereon in an opening statement, an argument, or at any other time, to the court or jury; provided that the decision, conclusion, finding, or recommendation may be admissible for the purpose of section 672B-16. [L 2007, c 207, pt of §2]
HI Rev Stat § 672B-12 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|672B. Design Claim Conciliation Panel|672B-12 Arbitration; subsequent litigation.

  §672B-12 Arbitration; subsequent litigation. Any person or the person's representative claiming that a tort has been committed by a design professional or any design professional against whom a claim has been made may elect to bypass the court annexed arbitration program under section 601-20 after the claim has been submitted to the design claim conciliation panel and the panel has rendered a decision or has not reached a decision within the tolling period of the statute of limitations under section 672B-15. [L 2007, c 207, pt of §2]