Report Title:

Workers' compensation

Description:

Allows an employer to direct an employee to a physician of the employer's choice in workers' compensation cases.

HOUSE OF REPRESENTATIVES

H.B. NO.

2660

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to workers' compensation.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 386-21, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Whenever medical care is needed, the employer may mandate that the injured employee select from an employer designated medical care provider list, which shall contain no less than three physicians as defined under chapters 453 and 460, or dentistry under chapter 448, or networks comprised of physicians as defined under chapters 453 and 460, or dentistry under chapter 448, to provide medical services for the first 120 days of medical treatment, for purposes of this part. In the absence of any employer designated medical care provider list, which must be furnished upon employment or prior to the date of injury, the injured employee may select any physician or surgeon who is practicing on the island where the injury was incurred to render such care. If the services of a specialist are indicated, the employee may select any such physician or surgeon practicing in the State. The director may authorize the selection of a specialist practicing outside the State where no comparable medical attendance within the State is available. Upon procuring the services of such physician or surgeon, the injured employee shall give proper notice of the employee's selection to the employer within a reasonable time after the beginning of the treatment. If for any reason during the period when medical care is needed, the employee wishes to change to another physician or surgeon, the employee may do so only after 120 days of treatment [in accordance with rules prescribed by the director]. If the employee is unable to select a physician or surgeon and the emergency nature of the injury requires immediate medical attendance, or if the employee does not desire to select a physician or surgeon and so advises the employer, the employer shall select the physician or surgeon. Such selection, however, shall not deprive the employee of the employee's right of subsequently selecting a physician or surgeon for continuance of needed medical care."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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