CONFERENCE COMMITTEE REP. NO. 141

 

Honolulu, Hawaii

                 , 2007

 

RE:    H.B. No. 855

       H.D. 1

       S.D. 1

       C.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

 

Sir and Madam:

 

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 855, H.D. 1, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO WORKERS' COMPENSATION,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this bill is to provide injured employees with necessary medical services in the event workers' compensation coverage is disputed, by requiring these services to be continued until the Director of Labor and Industrial Relations (Director) issues a decision on the matter.

 

      Your Committee on Conference has amended this measure by:

 

     (1)  Clarifying that an injured employee shall continue to              receive essential medical services prescribed by the               treating physician necessary to prevent deterioration of      the injured employee's condition or further injury until          the Director determines that medical services pursuant to         the treatment plan shall be discontinued;

 

     (2)  Clarifying that the Director shall make a decision within          30 days of the filing of a dispute and notify the              employer, the employee, and the provider of the decision;

 

     (3)  Clarifying that an employer or employer's insurer may              recover from the injured employee's personal health care      provider or other appropriate occupation or non-                   occupational insurer all the sums paid for medical             services rendered after the employer, the employee, and       the provider receives notification of the Director's              decision;

 

     (4)  Inserting language that requires the Director to submit        any proposed adoption, amendment, or repeal of                 administrative rules under Hawaii's workers compensation      law to both houses of the Legislature prior to their             submission to the Governor for approval;

 

     (5)  Inserting language that the submitted rules are disapproved unless the Legislature approves the submitted rules, in their entirety, through adoption of a concurrent resolution within 365 days of their submission to the Legislature; and

 

     (6)  Making technical, nonsubstantive amendments for clarity,      consistency, and style.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 855, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 855, H.D. 1, S.D. 1, C.D. 1.


 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE SENATE

 

ON THE PART OF THE HOUSE

 

____________________________

CLAYTON HEE, Chair

 

____________________________

ALEX M. SONSON, Co-Chair

 

 

____________________________

BOB NAKASONE, Co-Chair