Supreme Court to Decide: Are HMSA Physician Contracts “oppressive, unconscionable, and unenforceable”?
UPDATE June 10, 2025: Hawaii justices examine doctors’ ability to challenge denied health insurance claims
by Andrew Walden
Are HMSA Physician Contracts “oppressive, unconscionable, and unenforceable”?
The State Supreme Court will hear oral arguments Tuesday, June 10, 2025, at 10:30 AM in Nitta v HMSA. Skipping the ICA, the Supreme Court asserted direct jurisdiction on appeal after a February 2, 2024 Order by 3rd Circuit Judge Robert D S Kim voiding HMSA, HMSA Medicare, and Quest ‘Participating Physician Agreements.’ In his order, Judge Kim described HMSA physician contracts as, “oppressive, unconscionable, and unenforceable.”
Plaintiffs include Dr Frederick Nitta, an OBGYN known as “Hilo’s welfare doctor". In a separate case, the Hawaii Department of Human Services, in February, 2022, was defeated in Hawaii’s Intermediate Court of Appeals suing Nitta for having the temerity to also serve as a General Practitioner after discovering that most of his OBGYN patients couldn’t find a GP due to Hawaii’s chronic shortage of doctors.
Nitta is joined in the current class action by the Hawaii County Medical Society and medical patients Charlene Orcino and the late Adrian Scott Norton, both of whom suffered due to HMSA meddling.
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Supreme Court Courtroom at Ali‘iōlani Hale
Tuesday, June 10, 2025, at 10:30 AM
The oral argument will also be livestreamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts and ‘Olelo at olelo.org/tv-schedule/.
PDF: CIRCUIT COURT RULING
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BACKGROUND: