Bill Text: HI HB437 | 2013 | Regular Session | Introduced
Bill Title: Workers' Compensation; Medical Examinations ($)
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2013-02-25 - The committee(s) on FIN recommend(s) that the measure be deferred. [HB437 Detail]
Download: Hawaii-2013-HB437-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
437 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO WORKERS' COMPENSATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 386, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§386- Independent medical examination; permanent impairment rating examination; selection of physicians; costs. (a) After a claim is filed by an injured employee, the employer, upon mutual agreement of the parties, may appoint a physician to conduct an independent medical examination of the injured employee and make a report to the employer.
(b) After the injured employee's attending physician has determined that the injured employee has attained medical stability, the employer, upon mutual agreement of the parties, may appoint a physician to conduct a permanent impairment rating examination of the injured employee and make a report to the employer.
(c) If the employer and the employee cannot agree on a physician to perform the independent medical examination or permanent impairment rating examination, either party may request in writing that a physician be appointed by the director. Within seven calendar days of the receipt of request, the director shall appoint a physician, from the list maintained pursuant to subsection (d), who is licensed in a relevant medical specialty and willing to conduct the examination. Any physician appointed shall examine the employee within thirty calendar days of appointment.
(d) The director shall maintain a list of physicians qualified to perform independent medical examination or permanent impairment rating examinations by appointment pursuant to subsection (a), (b), or (c). A physician appointed to conduct an examination of an injured employee residing in the State, shall be duly qualified and licensed in the relevant medical specialty, if applicable. A physician appointed to conduct an examination of an injured employee not residing in this State shall have been licensed in the state where the claimant resides for a period of not less than five consecutive years immediately preceding the examination.
(e) An independent medical examination and a permanent impairment rating examination shall not be combined into a single medical examination without the injured employee's consent in writing prior to the scheduling of the examinations. No consideration shall be given to the injured employee in exchange for the written consent.
(f) The employee or the employee's representative shall be promptly provided with a copy of every independent medical examination and permanent impairment rating examination report.
(g) No more than one independent medical examination conducted pursuant an appointment made in accordance with subsection (a) or (c) and one permanent impairment rating examination conducted pursuant an appointment made in accordance with subsection (b) or (c) shall be ordered per case, unless valid reasons exist with regard to the medical progress of the employee's treatment.
(h) If an employee refuses to submit to or obstructs an independent medical examination or a permanent impairment rating examination, the employee's right to claim compensation for the work injury shall be suspended until the refusal or obstruction ceases and no compensation shall be payable for the period during which the refusal or obstruction continues.
(i) The costs of conducting independent medical examinations and permanent impairment rating examinations shall be limited to the complex consultation charges governed by the medical fee schedule established pursuant to section 386-21(c).
(j) The costs of the independent medical examination conducted pursuant an appointment made in accordance with subsection (a) or (d) and the permanent impairment rating examination conducted pursuant an appointment made in accordance with subsection (b) or (d) shall be paid by the employer.
(k) For the purposes of this section, "medical stability" means that no further improvement in the injured employee's work-related condition can reasonably be expected from curative health care or the passage of time."
SECTION 2. Section 386-79, Hawaii Revised Statutes, is repealed.
["§386-79 Medical examination by
employer's physician. After an injury and during the period of
disability, the employee, whenever ordered by the director of labor and
industrial relations, shall submit to examination, at reasonable times and
places, by a duly qualified physician or surgeon designated and paid by the
employer. The employee shall have the right to have a physician or surgeon
designated and paid by the employee present at the examination, which right,
however, shall not be construed to deny to the employer's physician the right
to visit the injured employee at all reasonable times and under all reasonable
conditions during total disability.
If an employee refuses to submit to, or in
any way obstructs such examination, the employee's right to claim compensation
for the work injury shall be suspended until the refusal or obstruction ceases
and no compensation shall be payable for the period during which the refusal or
obstruction continues.
In cases where the employer is dissatisfied
with the progress of the case or where major and elective surgery, or either,
is contemplated, the employer may appoint a physician or surgeon of the
employer's choice who shall examine the injured employee and make a report to
the employer. If the employer remains dissatisfied, this report may be
forwarded to the director.
Employer requested examinations under this
section shall not exceed more than one per case unless good and valid reasons
exist with regard to the medical progress of the employee's treatment. The
cost of conducting the ordered medical examination shall be limited to the
complex consultation charges governed by the medical fee schedule established
pursuant to section 386-21(c)."]
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2013-2014 for the establishment of three full-time equivalent (3.00 FTE) permanent workers' compensation hearings officer positions and two full-time equivalent (2.00 FTE) permanent office assistant positions in the disability compensation division of the department of labor and industrial relations to assist in workers' compensation claims.
The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval, provided section 3 shall take effect on July 1, 2013.
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INTRODUCED BY: |
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Report Title:
Workers' Compensation; Medical Examinations; Appropriation
Description:
Requires independent medical examinations and permanent impairment rating examinations for workers' compensation claims to be performed by physicians mutually agreed upon by employers and employees or appointed by the director of DLNR. Appropriates funds and positions for the DLNR disability compensation division to assist in workers' compensation claims.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
