REPORT TITLE:
Workers' Compensation


DESCRIPTION:
Allows an injured employee, at the employer's expense, to obtain
an evaluation from a duly qualified provider if the treating
provider fails to make the reports required under the chapter.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.468        
TWENTIETH LEGISLATURE, 1999                                
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:

 1      SECTION 1.  Section 386-96, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "�386-96  Reports of physicians, surgeons, and hospitals.
 
 4 (a)  Any physician, surgeon, or hospital that has given any
 
 5 treatment or rendered any service to an injured employee shall
 
 6 make a report of the injury and treatment on forms prescribed by
 
 7 and to be obtained from the department as follows:
 
 8      (1)  Within seven days after the date of first attendance or
 
 9           service rendered, an initial report shall be made to
 
10           the department and to the employer of the injured
 
11           employee in the manner prescribed by the department;
 
12      (2)  Interim reports to the same parties and in the same
 
13           manner as prescribed in paragraph (1) shall be made at
 
14           appropriate intervals to verify the claimant's
 
15           continuing treatment, periods of temporary disability,
 
16           the extent of permanent disability, and other
 
17           information determined necessary by the director; and
 
18      (3)  A final report to the same parties and in the same
 
19           manner as prescribed in paragraph (1) shall be made
 
20           within seven days after termination of treatment.
 

 
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 1      (b)  No claim under this chapter for medical treatment,
 
 2 surgical treatment, or hospital services and supplies, shall be
 
 3 valid and enforceable unless the reports are made as provided in
 
 4 this section, except that the director may excuse the failure to
 
 5 make the report within the prescribed period or a nonsubmission
 
 6 of the report when the director finds it in the best interest of
 
 7 justice to do so.  If the director does not excuse the submission
 
 8 of:
 
 9      (1)  An initial or interim report within the time prescribed
 
10           in subsection (a)(1) and (2); or
 
11      (2)  A final report that is thirty days late or a
 
12           nonsubmission,
 
13 the delinquent physician shall be fined not more than $250.
 
14      (c)  If a physician, surgeon, or hospital that has given
 
15 treatment or rendered service to an injured employee fails to
 
16 make the reports of the injury and treatment as required under
 
17 this section, the employee may obtain an examination by a duly
 
18 qualified physician or surgeon paid by the employer for purposes
 
19 of making the required reports.  The selection of the physician
 
20 or surgeon shall conform to subsection 386-21(b).
 
21      [(c)](d)  The director shall furnish to the injured employee
 
22 a copy of the final report of the attending physician or surgeon
 
23 or, if more than one physician or surgeon should treat or examine
 

 
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 1 the employee, a copy of the final report of each physician or
 
 2 surgeon.
 
 3      [(d)](e)  Within fifteen days after being requested to do so
 
 4 by the injured employee or the employee's duly authorized
 
 5 representative, the employer shall furnish the employee or the
 
 6 employee's duly authorized representative with copies of all
 
 7 medical reports relating to the employee's injury that are in the
 
 8 possession of the employer.  The copies shall be furnished at the
 
 9 expense of the employer.  The employer shall allow the employee
 
10 or the employee's duly authorized representative to inspect and
 
11 copy transcripts of depositions of medical witnesses, relating to
 
12 the employee's injury, in the possession of the employer.  Any
 
13 employer who fails to furnish medical reports or to allow
 
14 inspection and copying of transcripts of depositions of medical
 
15 witnesses, as required by this paragraph shall be fined in an
 
16 amount not to exceed $1,000.
 
17      [(e)](f)  Deposit of the records required by subsection
 
18 (a)(1) in the United States mail, addressed to the director and
 
19 to the employer, within the time limit specified, shall be deemed
 
20 in compliance with the requirements of this section."
 
21      SECTION 2.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 

 
 
 
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 1      SECTION 3.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________