State close to giving OK to air ambulance
By Bruce Dunford
Associated Press
House and Senate conferees have narrowed to two words their difference over language in a bill to resolve a legal issue that had put the scheduled launch of an air ambulance service for Maui County on hold.
They planned to meet again today, expecting to finalize a measure that is the key to getting the release of state matching funds to begin the helicopter medevac service on July 1. At issue is language that would limit the state's liability from lawsuits over the lack of a similar service on Kaua'i, the only other county without an air ambulance.
"It looks good to me, but I want to double check and touch all the bases because it doesn't do us any good to pass something that's not going to meet everybody's concerns," said Senate Health Committee Chairwoman Rosalyn Baker, D-5th (W. Maui, S. Maui).
She said the attorney general's office will be asked to review the House's proposal that the words "and continue" be deleted from text of the bill's preamble, which says the state "shall establish and continue" a statewide air ambulance service.
House Judiciary Committee Chairman Eric Hamakawa, D-3rd (Hilo, Kea'au, Mountain View), said he doesn't think the difference will nix an agreement to give the state immunity from lawsuits that state attorneys fear could be filed for not also establishing an air ambulance service on Kaua'i.
Over the weekend on Maui, Gov. Linda Lingle said that Attorney General Mark Bennett is satisfied with the language the Senate proposed on Friday and said she would release the money if it passes intact.
Baker said attorneys, including former Attorney General Margery Bronster, worked with her to find language to clarify the state's liability.
"If the real issue is liability, we've taken care of it," Baker said.
Lingle announced in January that she was releasing $611,500 for the helicopter service and $388,500 for its paramedic staffing at Kula starting July 1, but early this month reversed that decision, saying the Legislature had to fix the liability issue.
The concern is that a victim or the family of someone injured on Kaua'i might sue the state because the lack of an air ambulance on Kaua'i resulted in a death or greater injury because of a delay in reaching the hospital.
Lingle asked that the law be changed to read that the state Department of Health "may" provide an air ambulance service, "subject to the availability of funding."
Democrats, concerned about continued funding becoming an annual decision, insisted the law stay unchanged to say the state "shall" provide the service.
Baker said the compromise adds a new section saying the state is not liable based on its failure to provide air ambulance service elsewhere.
Because Maui County includes three islands and has only one major hospital, the distances and time factors in getting victims to the emergency room make an air ambulance service there appropriate, she said.
Hawai'i County has matching state funds for its air ambulance service and O'ahu's is provided by the Army.
On Kaua'i, which has three hospitals and some military helicopter support, officials don't believe having the service would justify the cost, according to Sen. Gary Hooser, D-7th (Kaua'i, Ni'ihau).
