HOUSE OF REPRESENTATIVES

H.B. NO.

463

TWENTY-SIXTH LEGISLATURE, 2011

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MEDICAL AND REHABILITATION BENEFITS.

 

 

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 injured employee may select any physician or surgeon who is practicing on the island where the injury was incurred to render medical care.  The physician or surgeon may conduct diagnostic testing or make no more than one referral to a board-certified or licensed specialist for one subspecialty consultation for diagnostic evaluation and treatment recommendations.  The request for or provision of the diagnostic evaluation and treatment recommendations shall not be subject to contest by an insurer or employer; provided that the one-time consultation may be made regardless of whether the board-certified or licensed specialist is on the staff of or affiliated with a medical facility in which the physician has a financial interest.  If the physician or surgeon makes the one-time referral allowed under this section to a board-certified or licensed specialist for a subspecialty consultation, the physician or surgeon shall notify the department and employer.  If the services of a specialist are indicated, the employee may select any 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 a 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 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.  The 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.  New statutory material is underscored.

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



 

Report Title:

Workers' Compensation; Medical and Rehabilitation Benefits

 

Description:

Allows an injured employee's physician or surgeon to conduct diagnostic testing or make a total of one referral to a board-certified or licensed specialist for one subspecialty consultation for diagnostic evaluation and treatment recommendations.  (HB463 HD1)

 

 

 

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